[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Rules and Regulations]
[Pages 26296-26298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8815]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 07-006]
RIN 1625-AA00


Safety Zone; KFOG ``Kaboom'' Fireworks Display, San Francisco 
Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of San Francisco Bay for the loading, transport, 
inactive period, and launching of fireworks used during the KFOG 
``KaBoom'' Fireworks Display to be held on May 12, 2007. This safety 
zone is intended to prohibit vessels and people from entering into or 
remaining within the regulated areas in order to ensure the safety of 
participants and spectators.

DATES: This rule is effective from 8 a.m. on May 10, 2007, to 9:30 p.m. 
on May 12, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket COTP San Francisco Bay 07-006 and are 
available for inspection or copying at Coast Guard Sector San 
Francisco, 1 Yerba Buena Island, San Francisco, California, 94130, 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Sheral Richardson, U.S. Coast 
Guard Sector San Francisco, at (415) 556-2950 extension 136.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Logistical details surrounding 
the event were not finalized and presented to the Coast Guard in time 
to draft and publish an NPRM. As such, the event would occur before the 
rulemaking process was complete. Because of the dangers posed by the 
pyrotechnics used in this fireworks display, safety zones are 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.
    For the same reasons listed in the previous paragraph, 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 this 
fireworks display.

Background and Purpose

    The San Francisco Radio Station KFOG is sponsoring a brief 
fireworks display on May 12, 2007 in the waters of San Francisco Bay 
near Piers 30 and 32. The fireworks display is meant for entertainment 
purposes in support of KFOG's annual festival in San Francisco. This 
safety zone is being issued to establish a temporary regulated area in 
San Francisco Bay around the fireworks launch barge during the loading 
of the pyrotechnics, during the transit of the barge to the display 
location, inactive period, and during the fireworks display. This 
temporary regulated area around the launch barge is necessary to 
protect spectators, vessels, and other property from the hazards 
associated with the pyrotechnics on the fireworks barge. The Coast 
Guard has granted the event sponsor a marine event permit for the 
fireworks display.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on 
specified waters off of the San Francisco waterfront. During the 
loading of the fireworks barge, while the barge is being towed to the 
display location, and until the start of the fireworks display, the 
safety zone will apply to the navigable waters around and under the 
fireworks barge within a radius of 100 feet. Fifteen minutes prior to 
and during the twenty-two minute fireworks display, the area to which 
this safety zone applies to will increase in size to encompass the 
navigable waters around and under the fireworks barge within a radius 
of 1,000 feet. Loading of the pyrotechnics onto the fireworks barge is 
scheduled to commence at 8 a.m. on May 10, 2007, and will take place at 
Pier 50 in San Francisco. Towing of the barge from Pier 50 to the 
display location is scheduled to take place on May 12, 2007. During the 
fireworks display, scheduled to commence at 9 p.m. on May 12, 2007, the 
fireworks barge will be located approximately 1,000 feet off of Pier 30 
in position 37[deg]47.21' N, 122[deg]22.86' W.
    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 50, during the transit of the fireworks barge, and 
until the conclusion of the scheduled display. Except for persons or 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remain in the 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

[[Page 26297]]

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 is 
not expected to have a significant economic impact on a substantial 
number of entities, some of which may be 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 public notice 
to mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions, options 
for compliance, or assistance in understanding this rule, please 
contact Ensign Sheral Richardson, U.S. Coast Guard Sector San 
Francisco, at (415) 556-2950 extension 136.
    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).

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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

 Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. Paragraph (34)(g) is applicable because this rule 
establishes a safety zone. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' will be 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


[[Page 26298]]



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(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.T11-180 to read as follows:


Sec.  165.T11-180  Safety Zone; KFOG ``KaBoom'' Fireworks Display, San 
Francisco Bay, CA.

    (a) Location. This safety zone is established for the waters of San 
Francisco Bay surrounding a barge used as a firework launch platform 
during the KFOG ``KaBoom'' fireworks display. During the loading of the 
fireworks barge, during the transit of the fireworks barge to the 
display location, and until the start of the fireworks display, the 
regulated area encompasses the navigable waters around and under the 
fireworks barge within a radius of 100 feet. Fifteen minutes prior to 
and during the twenty-two minute fireworks display, the temporary 
regulated area increases in size to encompass the navigable waters 
around and under the fireworks launch barge within a radius of 1,000 
feet. Loading of the pyrotechnics onto the fireworks barge is scheduled 
to commence at 8 a.m. on May 10, 2007, and will take place at Pier 50 
in San Francisco. Towing of the barge from Pier 50 to the display 
location is scheduled to take place on May 12, 2007. During the 
fireworks display, scheduled to start at 9 p.m. on May 12, 2007, the 
barge will be located approximately 1,000 feet from San Francisco Pier 
30 in position 37[deg]47.21[min] N, 122[deg]22.86[min] W.
    (b) Enforcement Period. This section will be enforced from 8 a.m. 
May 10, 2007 to 9:30 p.m. on May 12, 2007. If the event concludes prior 
to the scheduled termination time, the Coast Guard will cease 
enforcement of this safety zone and will announce that fact via 
Broadcast Notice to Mariners.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transit through, or anchoring 
within this safety zone by all vessels and persons is prohibited, 
unless specifically authorized by the Captain of the Port San 
Francisco, or his designated representative.
    (d) Enforcement. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port, or the designated 
on-scene patrol personnel. Patrol personnel can be comprised of 
commissioned, warrant, and petty officers of the Coast Guard onboard 
Coast Guard, Coast Guard Auxiliary, local, state, and federal law 
enforcement vessels. Upon being hailed by U.S. Coast Guard patrol 
personnel by siren, radio, flashing light, or other means, the operator 
of a vessel shall proceed as directed.
    The U.S. Coast Guard may be assisted in the patrol and enforcement 
of this safety zone by local law enforcement as necessary.

    Dated: April 20, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E7-8815 Filed 5-8-07; 8:45 am]
BILLING CODE 4910-15-P