
[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Rules and Regulations]               
[Page 11814-11816]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr08-3]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0080]
RIN 1625-AA00

 
Safety Zone; Bass Wedding 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 for 
loading, transport, and launching of fireworks used to celebrate the 
Bass Wedding Ceremony. The fireworks displays will be held on March 8, 
2008, on San Francisco Bay. 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 11:59 a.m. on March 6, 2008, until 
9:30 p.m. on March 8, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0080 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and 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

    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. 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, the safety zone is 
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.
    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 Bass Wedding Party is sponsoring a brief fireworks display on 
March 8, 2008 to celebrate the wedding of Mr. and Mrs. Bass. The 
fireworks display is scheduled to launch at 9 p.m., on March 8, 2008, 
and last approximately twenty minutes. The safety zone is being issued 
to establish a temporary regulated area on San Francisco Bay around the 
fireworks launch barge during loading of the pyrotechnics, during the 
transit of the barge to the display location, and during the fireworks 
display. The safety zone around the launch barge is necessary to 
protect spectators, vessels, and other property from the hazards 
associated with the pyrotechnics on the fireworks barge.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on 
specified waters of San Francisco Bay. During the loading of the 
fireworks barge, while the barge is being towed to the display 
location, and until 8:45 p.m. on March, 8, 2008, the safety zone will 
apply to the navigable waters around and under the fireworks barge 
within a radius of 100

[[Page 11815]]

feet. From 8:45 p.m. to 9:30 p.m. on March 8, 2008, the area to which 
the safety zone applies will increase in size to encompass the 
navigable waters around and under the fireworks barge within a radius 
of 1,000 feet.
    Loading of pyrotechnics onto the fireworks barge at 11:59 a.m. on 
March 6, 2008, and will take place at Pier 20, 2900 Main Street, in 
Alameda, CA. Towing of the barge from Pier 20 to the display location 
is scheduled to take place between 6 p.m. and 7 p.m. on March 8, 2008. 
During the fireworks display, scheduled to commence at 9 p.m., the 
fireworks barge will be located approximately 600 feet off of Treasure 
Island in San Francisco, CA in position 37[deg]49'12.90'' N, 
122[deg]22'37.93'' W (NAD83).
    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 20 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 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 will not 
have a significant economic impact on a substantial number of 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 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 offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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 an 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

[[Page 11816]]

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 
which guides 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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-T11-011 to read as follows:


Sec.  165-T11-011  Safety Zone; Bass Wedding Fireworks Display, San 
Francisco, CA.

    (a) Location. This temporary safety zone is established for the 
waters of San Francisco Bay surrounding a barge used as a launch 
platform for a fireworks display.
    (1) Loading of pyrotechnics onto the fireworks barge will commence 
at 11:59 a.m. on March 6, 2008, and will take place at Pier 20, 2900 
Main Street, in Alameda, CA.
    (2) Towing of the barge from Pier 20 to the display location is 
scheduled to take place between 6 p.m. and 7 p.m. on March 8, 2008.
    (3) During the fireworks display, scheduled to commence at 9 p.m., 
on March 8, 2008, the barge will be located 600 feet from Treasure 
Island in San Francisco, CA in position 37[deg]49'12.90'' N, 
122[deg]22'37.93'' W (NAD83).
    (b) Enforcement Period. This section will be enforced from 11:59 
a.m. on March 6, 2008, to 9:30 p.m. on March 8, 2008. 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. Persons and vessels may request permission 
to enter the safety zone on VHF-16 or the 24-hour Command Center 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: February 19, 2008.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E8-4263 Filed 3-4-08; 8:45 am]

BILLING CODE 4910-15-P
