[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Rules and Regulations]
[Pages 34125-34126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16663]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay; 98-011]
RIN 2115-AA97


Safety Zone; San Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing a portion of the navigable waters of San Francisco Bay, 
CA, surrounding two barges used as a platform to launch fireworks for 
the San Francisco Chronicle's 4th of July Waterfront Festival, from 8 
p.m. to 11:30 p.m., PDT. The launch barges, which will be tethered 
together, will be located approximately 1,000 feet northwest of Pier 
39. Fireworks will also be simultaneously launched from land at the 
Northern-most point of the Aquatic Park.
    This temporary safety zone is necessary to provide for the safety 
of participating technicians, waterborne and shore-side spectators, 
vessels, and other property during the fireworks display. Persons and 
vessels are prohibited from entering into, transiting through, or 
anchoring within this safety zone unless authorized by the Captain of 
the Port, or a designated representative thereof. Commercial vessels 
may request authorization to transit this safety zone by contacting 
Vessel Traffic Service on Channel 14 VHF-FM.

DATES: This safety zone will be in effect on July 4, 1998 from 8 p.m. 
to 11:30 p.m., PDT. If the event concludes prior to the scheduled 
termination time, the Captain of the Port will cease enforcement of 
this safety zone and will announce that fact via Broadcast Notice To 
Mariners.

ADDRESSES: U.S. Coast Guard Marine Safety Office San Francisco Bay, 
Building 14, Coast Guard Island, Alameda, CA 94501-5100.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Lesley F. Dion-Bow, U.S. Coast Guard Marine 
Safety Office San Francisco Bay; (510) 437-3073.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    In accordance with 5 U.S.C. 553, a Notice of Proposed Rule (NPRM) 
was not published for this temporary regulation and good cause exists 
for making it effective prior to, or less than 30 days after, Federal 
Register publication. Publication of an NPRM and delay of its effective 
date would be contrary to the public interest since the precise 
location of the event necessitating the promulgation of this safety 
zone, and other logistical details surrounding the event, were not 
finalized until a date fewer than 30 days prior to the event date. 
Therefore, the event would be finished before the rulemaking process 
was complete if an NPRM was published, jeopardizing the safety of the 
lives and property of event participants and spectators.

Discussion of Regulation

    The San Francisco Chronicle is sponsoring the 4th of July 
Waterfront Festival on the evening of July 4, 1998.

[[Page 34126]]

These fireworks will be launched from two barges which will be tethered 
and located approximately 1,000 feet northwest of Pier 39 in the San 
Francisco Bay.
    The safety zone will be bounded by the following positions: 
commencing at 37 deg.48'32''W, 122 deg.25'46''W, thence to 
37 deg.48'52''N, 122 deg.25'48''W, thence to 37 deg.49'10''N, 
122 deg.24'30''W, thence to 37 deg.48'42''N, 122 deg.24'30'', thence 
returning to the point of origin. This safety zone is necessary to 
protect the participating technicians, the spectators, and vessels and 
other property from the hazards associated with the fireworks display. 
Entry into, transit through, or anchoring within this zone by all 
vessels is prohibited, unless authorized by the Captain of the Port, or 
a designated representative thereof. Commercial vessels may request 
authorization to transit the regulated area by contacting the Vessel 
Traffic Service on Channel 14 VHF-FM. For purposes of this temporary 
regulation, ``commercial vessels'' are defined as all vessels other 
than those used and registered/documented exclusively for recreational 
purposes.

Regulatory Evaluation

    This temporary regulation is not a significant regulatory action 
under section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). Due to the short duration and 
limited scope of the implementation of the safety zone, and because 
commercial traffic will have an opportunity to request authorization to 
transit, the Coast Guard expects the economic impact of this rule to be 
so minimal that full regulatory evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include small businesses and not-for-profit 
organizations that are not dominant in their respective fields, and 
governmental jurisdictions with populations less than 50,000. For the 
same reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this rule is not expected to 
have a significant economic impact on any substantial number of 
entities, regardless of their size.

Assistance For Small Entities

    In accordance with Sec. 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking process. If your small business or organization is affected 
by this rule and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Andrew B. Cheney, 
U.S. Coast Guard Marine Office San Francisco Bay at (510) 437-437-3037.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).

Federalism

    The Coast Guard has analyzed this temporary regulation under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this regulation does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
temporary regulation and concluded that under Chapter 2.B.2. of 
Commandant Instruction M16475.1C, Figure 2-1, paragraph (35), it will 
have no significant environmental impact and it is categorically 
excluded from further environmental documentation.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this rule will result in an annual 
expenditure by state, local, and tribal governments, in the aggregate 
of $100 million (adjusted annually for inflation). If so, the Act 
requires that a reasonable number of regulatory alternatives be 
considered, and that from those alternatives, the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objective of the rule be selected.
    No state, local, or tribal government entities will be effected by 
this rule, so this rule will not result in annual or aggregate costs of 
$100 million or more. Therefore, the Coast Guard is exempt from any 
further regulatory requirements under the Unfunded Mandates Act.

List of Subjects in 33 CFR Part 165

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

Regulation

    In consideration of the foregoing, Subpart F of Part 165 of Title 
33, Code of Federal Regulations, is amended as follows:
    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04.6, and 160.5; 49 CFR 1.46.

    2. A new Sec. 165.T11-080 is added to read as follow:


Sec. 165.T11-080  Safety Zone: San Francisco Bay, San Francisco, CA.

    (a) Location. The area bounded by the following positions, located 
within the navigable waters of San Francisco Bay, constitutes a safety 
zone surrounding the two barges used as a platform to launch fireworks 
for the San Francisco Chronicle's 4th of July Waterfront Festival: 
commencing at 37 deg.48'32'' N, 122 deg.25'46'' W, thence to 
37 deg.48'52'' N, 122 deg.25'48'' W, thence to 37 deg.49'10'' N, 
122 deg.24'30'' W, thence to 37 deg.48'42'' N, 122 deg.24'30'' W, 
thence returning to the point of origin. All coordinates referred use 
Datum: NAD 83.
    (b) Effective Dates. This safety zone will be in effect on July 4, 
1998 from 8 p.m. to 11:30 p.m., PDT. If the event concludes prior to 
the scheduled termination time, the Captain of the Port 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 zone by all vessels is prohibited, unless authorized by the 
Captain of the Port, or a designated representative thereof. Commercial 
vessels may request authorization to transit the safety zone by 
contracting Vessel Traffic Service on Channel 14 VHF-FM.

    Dated: June 5, 1998.
H. Henderson,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay.
[FR Doc. 98-16663 Filed 6-22-98; 8:45 am]
BILLING CODE 4910-15-M