26296 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Rules and Regulations 

Original amendment submission date Date of final publication Citation/description 

* * * * * * * 

August 30, 2006 ................................................ May 9, 2007 ...................................................... OAC 1501:13–1–03(D)(2), (I)(1), (J)(1), (L)(1), 

(L)(2), and the deletion of (L)(3). 

[FR Doc. E7–8867 Filed 5–8–07; 8:45 am] 

BILLING CODE 4310–05–P 

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. 

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 twentytwo 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°47.21′ N, 122°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 


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Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Rules and Regulations 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. 


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26298 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Rules and Regulations 

■ 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; 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.T11–180 to 

read as follows: 

§ 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°47.21′ 

N, 122°22.86′ 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 § 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–040] 

RIN 1625 AA00 

Safety Zone; Fireworks Display, 

Pamlico River, Washington, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

during the ‘‘Washington Summer 

Festival and the Washington 4th of July 

Fireworks’’ displays to be held on the 

waters of the Pamlico River, 

Washington, North Carolina. This action 

is necessary to provide for the safety of 

life on navigable waters during the 

event. This action will restrict vessel 

traffic in portions of the Pamlico River 

adjacent to Washington, North Carolina 

during the fireworks display. 

DATES: This rule is effective from 8:30 

p.m. on June 8 until 10 p.m. on July 4, 

2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket [CGD05–07–

040] and are available for inspection or 

copying at Commander (dpi), Fifth 

Coast Guard District, 431 Crawford 

Street, Portsmouth, Virginia 23704–

5004, between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

CWO Christopher Humphrey, Coast 

Guard Sector North Carolina, Atlantic 

Beach, NC at (252) 247–4525. 

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. Publishing 

an NPRM would be impracticable and 

contrary to public interest since 

immediate action is needed to minimize 

potential danger to the public during the 

event. The necessary information to 

determine whether the marine event 

poses a threat to persons and vessels 

was not provided with sufficient time to 

publish an NPRM. The danger posed by 

fireworks fall-out makes a safety zone 

necessary to provide for the safety of 

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. The Coast Guard 

will issue broadcast notice to mariners 

to advise vessel operators of 

navigational restrictions. On scene Coast 

Guard and local law enforcement 

vessels will also provide actual notice to 

mariners. 

Under 5 U.S.C. 553(d)(3) and for the 

same reasons, the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date would be 

contrary to the public interest, since 

immediate action is needed to ensure 

the safety of the event participants, 

spectator craft and other vessels 

transiting the event area. Advance 

notifications will be made to users of 

the Pamlico River via marine 

information broadcasts, local notice to 

mariners, commercial radio stations and 

area newspapers. 

Background and Purpose 

On June 8 & 9 and July 4, 2007 the 

Washington/Beaufort County Chamber 

of Commerce and the City of 

Washington will sponsor the 

‘‘Washington Summer Festival’’ and the 

‘‘4th of July’’ fireworks displays over the 

waters of the Pamlico River. A fleet of 

spectator vessels is anticipated to gather 

nearby to view the display. Due to the 

need for vessel control during the event, 

vessel traffic will be temporarily 

restricted to provide for the safety of 

participants, spectators and transiting 

vessels. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone on specified waters of the 

Pamlico River adjacent to Washington, 

North Carolina. The regulated area 

includes a section of the Pamlico River 


rmajette on PROD1PC67 with RULES