

[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Rules and Regulations]               
[Page 57858-57860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc07-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. COTP San Francisco Bay 07-042]
RIN 1625-AA00

 
Safety Zone; Monte Foundation Fireworks Extravaganza, Aptos, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Monte Foundation Fireworks Extravaganza to be held at Seacliff 
State Beach in Aptos, California, on October 13, 2007. The fireworks 
display will be launched from the Seacliff State Beach Pier. This 
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 his designated representative.

DATES: This rule is effective from 8:15 p.m. to 9:45 p.m. on October 
13, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of the docket COTP San

[[Page 57859]]

Francisco Bay 07-042 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) 399-7436.

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 the 
fireworks display.

Background and Purpose

    The Rudolph F. Monte Foundation is sponsoring a brief fireworks 
display on October 13, 2007, to celebrate the Monte Foundation 
Fireworks Extravaganza. The fireworks display is meant for 
entertainment purposes. The safety zone is being issued to establish a 
temporary regulated area at Seacliff State Beach around the fireworks 
launch site during the fireworks display. The safety zone around the 
launch site is necessary to protect spectators, vessels, and other 
property from the hazards associated with the pyrotechnics.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on 
specified waters at Seacliff State Beach. The safety zone will apply to 
the navigable waters around and under the Seacliff State Beach Pier 
within a radius of 2,000 feet around the fireworks launch site.
    The safety zone will be for the Monte Foundation Fireworks 
Extravaganza which includes all navigable waters, from the surface to 
the seafloor, encompassed by connecting the following points to form a 
safety zone: Beginning at latitude 36[deg]58'09'' N and longitude 
121[deg]54'24'' W; latitude 36[deg]57'44'' N and longitude 
121[deg]54'44'' W; latitude 36[deg]58'00'' N and longitude 
121[deg]55'22'' W; latitude 36[deg]58'27'' N and longitude 
121[deg]55'07'' W; and then back to the beginning point. These 
coordinates are based upon datum: NAD 83.
    The effect of the temporary safety zone will be to restrict general 
navigation in the vicinity of the fireworks launch site. 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 launch site 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 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 Seacliff State Beach 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 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) 399-7436.
    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

[[Page 57860]]

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 effect 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 safety zones. 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.

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, 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-T11-247 to read as follows: Sec.  165-T11-
247 Safety Zone; Monte Foundation Fireworks Extravaganza, Aptos, CA
    (a) Location. This temporary safety zone is established for the 
waters of Seacliff State Beach surrounding the Seacliff State Beach 
Pier used as a launch platform for a fireworks display.
    (1) The safety zone includes all navigable waters, from the surface 
to the seafloor, encompassed by connecting the following points to form 
a safety zone: Beginning at latitude 36[deg]58'09'' N and longitude 
121[deg]54'24'' W; latitude 36[deg]57'44'' N and longitude 
121[deg]54'44'' W; latitude 36[deg]58'00'' N and longitude 
121[deg]55'22'' W; latitude 36[deg]58'27'' N and longitude 
121[deg]55'07'' W; and then back to the beginning point. These 
coordinates are based upon datum: NAD 83.
    (b) Enforcement Period. This section will be enforced from 8:15 
p.m. to 9:45 p.m. on October 13, 2007. If the events conclude prior to 
their scheduled termination times, the Coast Guard will cease 
enforcement of this safety zone and will announce that fact via 
Broadcast Notice to Mariners.
    (c) Regulations. (1) 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.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port, San Francisco, or the designated 
representative.
    (3) Designated representative means any commissioned, warrant, and 
petty officer of the Coast Guard onboard a Coast Guard, Coast Guard 
Auxiliary, local, state, or federal law enforcement vessel who is 
authorized to act on behalf of the Captain of the Port, San Francisco.
    (4) 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. Person and vessels may request permission to 
enter the safety zone on VHF-16 or via telephone at (415) 399-3547.
    (5) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of this safety zone by local law enforcement as necessary.

    Dated: October 1, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E7-19953 Filed 10-10-07; 8:45 am]

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