Federal Register / Vol. 63, No. 120 /Tuesday, June 23, 1998 /Rules and Regulations 34125

the limited marine traffic in the area, the

minimal time that vessels will be

restricted from the zone, that vessels

may safely transit to the west of the

zone, and extensive advance

notifications which will be made.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include 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.

For reasons discussed in the

Regulatory Evaluation above, the Coast

Guard certifies under section 605(b) of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) that this final rule will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et. seq).

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612 and has determined that this final

rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

Environment

The Coast Guard has considered the

environmental impact of this final rule

and concluded that under Figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this final rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—[AMENDED]

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. Add temporary § 165.T01–044 to

read as follows:

§ 165.T01–044 Safety Zone: city of

Yonkers Fireworks, New York, Hudson

River.

(a) Location. The following area is a

safety zone: all waters of the Hudson

River within a 360 yard radius of the

fireworks barge at approximately

position 40°56′14′′ N 073°54′28′′ W

(NAD 1983), located approximately 350

yards northwest of the Yonkers

Municipal Pier.

(b) Effective period. This section is

effective from 8:30 p.m. until 10 p.m. on

Saturday, July 4, 1998, with a rain date

of Sunday, July 5, 1998, at the same

time and place.

(c) Regulations. (1) The general

regulations in 33 CFR 165.23 apply.

(2) All persons and vessels should

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: June 2, 1998.

Richard C. Vlaun,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 98–16664 Filed 6–22–98; 8:45 am]

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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.

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. DionBow, 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.
34126 Federal Register / Vol. 63, No. 120 /Tuesday, June 23, 1998 /Rules and Regulations

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°48′32′′W, 122°25′46′′W, thence to

37°48′52′′N, 122°25′48′′W, thence to

37°49′10′′N, 122°24′30′′W, thence to

37°48′42′′N, 122°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 § 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 costeffective, 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 § 165.T11–080 is added to

read as follow:

§ 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°48′32′′ N,

122°25′46′′ W, thence to 37°48′52′′ N,

122°25′48′′ W, thence to 37°49′10′′ N,

122°24′30′′ W, thence to 37°48′42′′ N,

122°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 § 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]

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