[Federal Register: June 24, 1998 (Volume 63, Number 121)]
[Rules and Regulations]               
[Page 34288-34289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn98-15]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay; 98-010]
RIN 2115-AA98

 
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 the Oakland Estuary, 
CA, surrounding the barge used as a platform to launch fireworks for 
Jack London Square's 4th of July Fireworks Celebration, from 8 p.m. to 
11:30 p.m., PDT. The launch barge will be located approximately 1000 
feet south of Jack London Square in the Oakland Estuary.
    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 Port of Oakland/Oakland Portside Associates are sponsoring the 
4th of July Fireworks Celebration at Jack London Square on the evening 
of July 4, 1998. These fireworks will be launched from a barge located 
approximately 1,000 feet south of Jack London Square in the Oakland 
Estuary.
    The safety zone will be bounded by a 350 yard radius surrounding 
the launch barge, the center of which will be approximately located at 
the following position: 37 deg.-47.6' N, 122 deg.-16.4' W. 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 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

[[Page 34289]]

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) 437-3073.

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 selected.
    No state, local, or tribal government entities will be effected by 
the 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.T11-079 is added to read as follows:


Sec. 165.T11-079  Safety Zone: San Franciso Bay, San Francisco, CA.

    (a) Location. The area described as follows, located within the 
navigable waters of the Oakland Estuary, constitutes a safety zone: a 
circular radius of 350 yards surrounding the barge used as a platform 
to launch fireworks for Jack London Square's 4th of July Fireworks 
Celebration, the center of which is approximately located at 
37 deg.47.6' N, 122 deg.16.4' W. 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 transmit the safety zone by 
contacting Vessel Traffic Service on Channel 14 VHF-FM.

    Dated: June 3, 1998.
H. Henderson,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay.
[FR Doc. 98-16781 Filed 6-23-98; 8:45 am]
BILLING CODE 4910-15-M