Safety Zone; Corporate Party on Hornblower Yacht, San Francisco, CA, 55261-55264 [2011-22773]
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
Puget Sound area of responsibility on
September 10, 2011 for the Mukilteo
Lighthouse Festival in Possession
Sound, WA and on December 3, 2011
for Chimes and Lights in Port Orchard,
WA. This action is necessary to prevent
injury and to protect life and property
of the maritime public from the hazards
associated with the firework displays.
During the enforcement periods, entry
into, transit through, mooring, or
anchoring within these zones is
prohibited unless authorized by the
Captain of the Port, Puget Sound or
Designated Representative.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–USCG–2010–1063]
Safety Zones; Annual Firework
Displays Within the Captain of the
Port, Puget Sound Area of
Responsibility
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The regulations in 33 CFR
165.1332 will be enforced from 5 p.m.
on September 10, 2011 through 1 a.m.
on September 11, 2011 and from 5 p.m.
DATES:
The Coast Guard will enforce
the safety zones for annual firework
displays in the Captain of the Port,
SUMMARY:
Event name
Location
Mukilteo Lighthouse Festival ...............................................
Possession Sound ................
The following safety zone will be
enforced from 5 p.m. on December 3,
Port Orchard .........................
All vessel operators who desire to
enter the safety zone must obtain
permission from the Captain of the Port
or Designated Representative by
contacting the Coast Guard Sector Puget
Sound Joint Harbor Operations Center
(JHOC) via telephone at (206) 217–6002.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 165.1332 and 5 U.S.C. 552(a).
In addition to this notice, the Coast
Guard will provide the maritime
community with extensive advanced
notification of the safety zones via the
Local Notice to Mariners and marine
information broadcasts on the day of the
events.
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Longitude
Radius
122°18.6′ W
300
2011 through 1 a.m. on December 4,
2011:
Chimes and Lights ...............................................................
BILLING CODE 9110–04–P
The Coast
Guard will enforce the safety zones
established for Annual Fireworks
Displays within the Captain of the Port,
Puget Sound Area of Responsibility in
33 CFR 165.1332 during the dates and
times noted below.
The following safety zone will be
enforced from 5 p.m. on September 10,
2011 through 1 a.m. on September 11,
2011:
SUPPLEMENTARY INFORMATION:
47°56.9′ N
Location
[FR Doc. 2011–22769 Filed 9–6–11; 8:45 am]
on December 3, 2011 through 1 a.m. on
December 4, 2011.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or e-mail ENS Anthony P. LaBoy, Sector
Puget Sound Waterways Management,
Coast Guard; telephone 206–217–6323,
SectorPugetSoundWWM@uscg.mil.
Latitude
Event name
Dated: August 18, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
55261
Latitude
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0690]
RIN 1625–AA00
Safety Zone; Corporate Party on
Hornblower Yacht, San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters near pier 48 in the
San Francisco Bay, San Francisco,
California in support of the Corporate
Party on Hornblower Yacht. This
temporary safety zone is established to
ensure the safety of participants and
spectators from the dangers associated
with the pyrotechnics. Unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
remaining in the safety zone without
permission of the Captain of the Port or
their designated representative.
DATES: This rule is effective from 11
a.m. through 9 p.m. on September 17,
2011.
SUMMARY:
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Radius
122°38.033′ W
47°32.75′ N
Longitude
300
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0690 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2011–0690 in the Docket ID box,
pressing Enter, and then clicking the
item in the Docket ID column. They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Ensign William
Hawn, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7442 or
e-mail at D11-PFMarineEvents@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it
would be impracticable to delay this
rule because the event would occur
before the rulemaking process would be
completed. Because of the dangers
posed by the pyrotechnics used in this
fireworks display, the safety zone is
necessary to provide for the safety of
event participants, spectators, spectator
craft, and other vessels transiting the
event area. For the safety concerns
noted, it is in the public interest to have
these regulations in effect during the
event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than
30 days after publication in the Federal
Register. Any delay in the effective date
of this rule would expose mariners to
the dangers posed by the pyrotechnics
used in the fireworks display.
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Basis and Purpose
Hornblower Cruises and Events will
sponsor the Corporate Party on
Hornblower Yacht on September 17,
2011, in the navigable waters near pier
48 of the San Francisco Bay, off of San
Francisco, CA. This safety zone
establishes a temporary restricted area
on the waters 100 feet around the
fireworks barge during the loading of
the barge and transit of the barge to the
launch site. During the fireworks
display the safety zone will extend to
1,000 feet around the launch site. The
fireworks display is meant for
entertainment purposes. This safety
zone is issued to establish a temporary
restricted area on the waters
surrounding the fireworks barge during
the loading, transit, and during the
fireworks display. This restricted area
around the launch site is necessary to
protect spectators, vessels, and other
property from the hazards associated
with the pyrotechnics. The Coast Guard
has granted the event sponsor a marine
event permit for the fireworks display.
Discussion of Rule
From 11 a.m. until 4 p.m. on
September 17, 2011, pyrotechnics will
be loaded onto a barge at Pier 50 near
position 37°46′28″ N, 122°23′06″ W
(NAD 83). From 7:45 until 7:55 p.m. the
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loaded barge will transit from Pier 50 to
the launch site located at position
37°46′38.46″ N, 122°23′01.67″ W (NAD
83). The temporary safety zone will
extend 100 feet from the nearest point
of the barge during the loading, transit,
and arrival of the pyrotechnics from Pier
50 to position 37°46′38.46″ N,
122°23′01.67″ W (NAD 83). The
fireworks display will occur from 8:45
until 8:55 p.m. on September 17, 2011,
during which the safety zone will
extend 1,000 feet from the nearest point
of the barge at position 37°46′38.46″ N,
122°23′01.67″ W (NAD 83). At 9 p.m. on
September 17, 2011 the safety zone shall
terminate.
The effect of the temporary safety
zone will be to restrict navigation in the
vicinity of the fireworks site until the
conclusion of the scheduled display.
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the restricted area. These regulations
are needed to keep spectators and
vessels a safe distance from the
fireworks display to ensure the safety of
participants, spectators, and transiting
vessels.
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under
5 U.S.C. 605(b) that this rule will not
have a significant economic impact on
a substantial number of small entities.
This rule may affect owners and
operators of pleasure craft engaged in
recreational activities and sightseeing.
This rule will not have a significant
economic impact on a substantial
number of small entities for several
reasons: (i) Vessel traffic can pass safely
around the area, (ii) vessels engaged in
recreational activities and sightseeing
have ample space outside of the effected
portion of the areas off San Francisco,
CA to engage in these activities, (iii) this
rule will encompass only a small
portion of the waterway for a limited
period of time, and (iv) the maritime
public will be advised in advance of this
safety zone via Broadcast Notice to
Mariners.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes and
executive orders.
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.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders.
Although this rule restricts access to
the waters encompassed by the safety
zone, the effect of this rule will not be
significant because the local waterway
users will be notified via public
Broadcast Notice to Mariners to ensure
the safety zone will result in minimum
impact. The entities most likely to be
affected are pleasure craft engaged in
recreational activities.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
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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
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
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
Environment
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
List of Subjects in 33 CFR Part 165
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’’
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
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Indian Tribal Governments
VerDate Mar<15>2010
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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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; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165–T11–438 to
read as follows:
■
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.
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary safety
zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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.
55263
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§ 165–T11–438 Safety zone; corporate
party on Hornblower yacht, San Francisco,
CA.
(a) Location. This temporary safety
zone is established for the specified
waters near pier 48, in San Francisco
Bay, San Francisco, California. The
temporary safety zone applies to the
nearest point of the barge during the
loading, transit, and arrival of the
pyrotechnics from Pier 50, San
Francisco, California to the fireworks
launch site located at position
37°46′38.46″ N, 122°23′01.67″ W (NAD
83). From 11 a.m. until 4 p.m. on
September 17, 2011, pyrotechnics will
be loaded onto a barge at Pier 50 near
position 37°46′28″ N, 122°23′06″ W
(NAD 83). From 7:45 p.m. until 7:55
p.m., the loaded barge will transit from
Pier 50 to the launch site located at
position 37°46′38.46″ N, 122°23′01.67″
W (NAD 83). The temporary safety zone
will extend 100 feet from the nearest
point of the barge during the loading,
transit, and arrival of the pyrotechnics
from Pier 50 to position 37°46′38.46″ N,
122°23′01.67″ W (NAD 83). From
8:45 p.m. until 8:55 p.m. on September
17, 2011, the area to which the
temporary safety zone applies will
increase in size to encompass the
navigable waters around the fireworks
site within a radius of 1,000 feet.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the Captain of the Port San
Francisco (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) Under the general
regulations in 33 CFR part 165, subpart
C, entry into, transiting, or anchoring
within this safety zone is prohibited
unless authorized by the COTP or the
COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zone on VHF–16 or through the 24-hour
Command Center at telephone (415)
399–3547.
(d) Effective period. This section is
effective from 11 a.m. through 9 p.m. on
September 17, 2011.
Dated: August 19, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2011–22773 Filed 9–6–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2010–0271; FRL: 8882–4]
Lipase, Triacylglycerol; Exemption
From the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jlentini on DSK4TPTVN1PROD with RULES
I. General Information
This regulation establishes an
exemption from the requirement of a
tolerance for residues of lipase,
triacylglycerol (CAS Reg. No. 9001–62–
1) when used as a component of food
contact sanitizing solutions applied to
all food contact surfaces in public eating
places, dairy-processing equipment, and
food-processing equipment and utensils
at a maximum level in the end-use
concentration of 500 parts per million
(ppm). Novozymes North America, Inc.
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting establishment of an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of lipase,
triacylglycerol.
DATES: This regulation is effective
September 7, 2011. Objections and
requests for hearings must be received
on or before November 7, 2011, 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–2010–0271 All documents in the
docket are listed in the docket index
SUMMARY:
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available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Fertich, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 347–8560 e-mail address:
fertich.elizabeth@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
PO 00000
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Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2010–0271 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before November 7, 2011. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2010–0271, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Petition for Exemption
In the Federal Register of February
25, 2011 (76 FR 1058) (FRL–8863–4),
EPA issued a notice pursuant to section
408 of FFDCA, 21 U.S.C. 346a,
announcing the filing of a pesticide
petition (PP 0E7697) by Novozymes
North America, Inc., P.O. Box 576, 77
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]]>Agencies
[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55261-55264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22773]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0690]
RIN 1625-AA00
Safety Zone; Corporate Party on Hornblower Yacht, San Francisco,
CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters near pier 48 in the San Francisco Bay, San Francisco,
California in support of the Corporate Party on Hornblower Yacht. This
temporary safety zone is established to ensure the safety of
participants and spectators from the dangers associated with the
pyrotechnics. Unauthorized persons or vessels are prohibited from
entering into, transiting through, or remaining in the safety zone
without permission of the Captain of the Port or their designated
representative.
DATES: This rule is effective from 11 a.m. through 9 p.m. on September
17, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0690 and are available online
by going to https://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2011-0690
in the Docket ID box, pressing Enter, and then clicking the item in the
Docket ID column. They are also available for inspection or copying at
the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign William Hawn, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-7442 or e-mail at D11-PF-MarineEvents@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
[[Page 55262]]
pursuant to authority under section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an
agency to issue a rule without prior notice and opportunity to comment
when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule because it would be impracticable to delay this rule
because the event would occur before the rulemaking process would be
completed. Because of the dangers posed by the pyrotechnics used in
this fireworks display, the safety zone is necessary to provide for the
safety of event participants, spectators, spectator craft, and other
vessels transiting the event area. For the safety concerns noted, it is
in the public interest to have these regulations in effect during the
event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay in the effective date of
this rule would expose mariners to the dangers posed by the
pyrotechnics used in the fireworks display.
Basis and Purpose
Hornblower Cruises and Events will sponsor the Corporate Party on
Hornblower Yacht on September 17, 2011, in the navigable waters near
pier 48 of the San Francisco Bay, off of San Francisco, CA. This safety
zone establishes a temporary restricted area on the waters 100 feet
around the fireworks barge during the loading of the barge and transit
of the barge to the launch site. During the fireworks display the
safety zone will extend to 1,000 feet around the launch site. The
fireworks display is meant for entertainment purposes. This safety zone
is issued to establish a temporary restricted area on the waters
surrounding the fireworks barge during the loading, transit, and during
the fireworks display. This restricted area around the launch site is
necessary to protect spectators, vessels, and other property from the
hazards associated with the pyrotechnics. The Coast Guard has granted
the event sponsor a marine event permit for the fireworks display.
Discussion of Rule
From 11 a.m. until 4 p.m. on September 17, 2011, pyrotechnics will
be loaded onto a barge at Pier 50 near position 37[deg]46'28'' N,
122[deg]23'06'' W (NAD 83). From 7:45 until 7:55 p.m. the loaded barge
will transit from Pier 50 to the launch site located at position
37[deg]46'38.46'' N, 122[deg]23'01.67'' W (NAD 83). The temporary
safety zone will extend 100 feet from the nearest point of the barge
during the loading, transit, and arrival of the pyrotechnics from Pier
50 to position 37[deg]46'38.46'' N, 122[deg]23'01.67'' W (NAD 83). The
fireworks display will occur from 8:45 until 8:55 p.m. on September 17,
2011, during which the safety zone will extend 1,000 feet from the
nearest point of the barge at position 37[deg]46'38.46'' N,
122[deg]23'01.67'' W (NAD 83). At 9 p.m. on September 17, 2011 the
safety zone shall terminate.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the fireworks site until the conclusion
of the scheduled display. Except for persons or vessels authorized by
the Coast Guard Patrol Commander, no person or vessel may enter or
remain in the restricted area. These regulations are needed to keep
spectators and vessels a safe distance from the fireworks display to
ensure the safety of participants, spectators, and transiting vessels.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes and executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because the local waterway users will be notified via public Broadcast
Notice to Mariners to ensure the safety zone will result in minimum
impact. The entities most likely to be affected are pleasure craft
engaged in recreational activities.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule may affect owners and operators of pleasure craft engaged
in recreational activities and sightseeing. This rule will not have a
significant economic impact on a substantial number of small entities
for several reasons: (i) Vessel traffic can pass safely around the
area, (ii) vessels engaged in recreational activities and sightseeing
have ample space outside of the effected portion of the areas off San
Francisco, CA to engage in these activities, (iii) this rule will
encompass only a small portion of the waterway for a limited period of
time, and (iv) the maritime public will be advised in advance of this
safety zone via Broadcast Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and
[[Page 55263]]
would either preempt State law or impose a substantial direct cost of
compliance on them. We have analyzed this rule under that Order and
have determined that it does not have implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing a temporary safety
zone. An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165-T11-438 to read as follows:
Sec. 165-T11-438 Safety zone; corporate party on Hornblower yacht,
San Francisco, CA.
(a) Location. This temporary safety zone is established for the
specified waters near pier 48, in San Francisco Bay, San Francisco,
California. The temporary safety zone applies to the nearest point of
the barge during the loading, transit, and arrival of the pyrotechnics
from Pier 50, San Francisco, California to the fireworks launch site
located at position 37[deg]46'38.46'' N, 122[deg]23'01.67'' W (NAD 83).
From 11 a.m. until 4 p.m. on September 17, 2011, pyrotechnics will be
loaded onto a barge at Pier 50 near position 37[deg]46'28'' N,
122[deg]23'06'' W (NAD 83). From 7:45 p.m. until 7:55 p.m., the loaded
barge will transit from Pier 50 to the launch site located at position
37[deg]46'38.46'' N, 122[deg]23'01.67'' W (NAD 83). The temporary
safety zone will extend 100 feet from the nearest point of the barge
during the loading, transit, and arrival of the pyrotechnics from Pier
50 to position 37[deg]46'38.46'' N, 122[deg]23'01.67'' W (NAD 83). From
8:45 p.m. until 8:55 p.m. on September 17, 2011, the area to which the
temporary safety zone applies will increase in size to encompass the
navigable waters around the fireworks site within a radius of 1,000
feet.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the Captain of the Port San Francisco (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the COTP or the COTP's
designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must
[[Page 55264]]
contact the COTP or a designated representative to obtain permission to
do so. Vessel operators given permission to enter or operate in the
safety zone must comply with all directions given to them by the COTP
or a designated representative. Persons and vessels may request
permission to enter the safety zone on VHF-16 or through the 24-hour
Command Center at telephone (415) 399-3547.
(d) Effective period. This section is effective from 11 a.m.
through 9 p.m. on September 17, 2011.
Dated: August 19, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2011-22773 Filed 9-6-11; 8:45 am]
BILLING CODE 9110-04-P
