[Federal Register: October 3, 2003 (Volume 68, Number 192)]
[Rules and Regulations]               
[Page 57370-57372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc03-19]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 03-024]
RIN 1625-AA00

 
Safety Zone; San Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of San Francisco Bay, California, off the San 
Francisco waterfront for a fireworks display in conjunction with the 
Pier 39 25th Anniversary Celebration sponsored by Pier 39. This safety 
zone is necessary to provide for the safety of mariners in the vicinity 
of the fireworks display and for the safety of the vessel, its crew, 
and technicians working the fireworks launch barge and the 
pyrotechnics. Persons and vessels are prohibited from entering into or 
transiting through the safety zone, which will encompass the navigable 
waters within a 1000-foot radius of the launch platform that will be 
located approximately 1000 feet off Pier 39, unless authorized by the 
Captain of the Port or his designated representative.

DATES: This rule is effective from 8 p.m. (PDT) on October 4, 2003, to 
8:45 p.m. (PDT) on October 4, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP San Francisco Bay 03-024] and are 
available for inspection or copying at Coast Guard Marine Safety Office 
San Francisco Bay, Coast Guard Island, Alameda, California, 94501, 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Doug L. Ebbers, U.S. Coast 
Guard Marine Safety Office San Francisco Bay, at (510) 437-3073.

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. Any delay in implementing this rule 
would be contrary to the public interest since immediate action is 
necessary to temporarily close the fireworks area and to protect the 
maritime public from the hazards associated with the fireworks 
displays, which are intended for public entertainment.
    For the same reasons stated above, 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.

Background and Purpose

    Pier 39 is sponsoring a short fireworks display on October 4, 2003 
in conjunction with the Pier 39 25th Anniversary Celebration event. 
These safety zones are necessary to protect the spectators along with 
vessels and other property from the hazards associated with the 
fireworks show. These temporary safety zones will consist of portions 
of the navigable waters of the San Francisco Bay immediately north of 
Pier 39. The Coast Guard has granted Pier 39 and Pyro Spectaculars a 
marine event permit for this event.

Discussion of Rule

    The temporary safety zone consists of the navigable waters of San 
Francisco Bay within a 1000-foot radius of the launch platform. The 
launch platform will be located approximately 1000 feet off Pier 39 in 
San Francisco, California. Entry into, transit through or anchoring 
within this safety zone is prohibited, unless authorized by the Captain 
of the Port or his designated representative.

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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    Although this safety zone will restrict boating traffic within the 
San Francisco Bay, the effect of this regulation will not be 
significant as the safety zone will encompass a small portion of the 
waterway and will be short in duration. The entities most likely to be 
affected are pleasure craft engaged in recreational activities and 
sightseeing.

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. As discussed above, the safety zone may affect the following 
entities, some of which may be small entities: the owners and operators 
of pleasure craft engaged in recreational activities and sightseeing. 
The safety zone will not have a significant economic impact on a 
substantial number of small entities for several reasons: vessel 
traffic can pass safely around the area, vessels engaged in 
recreational activities and sightseeing have ample space outside of the 
safety zone to engage in these activities, and this zone will encompass 
only a small portion of the waterway for a limited period of time in 
the evening when vessel traffic is low. The maritime public will be 
advised of this safety zone via public notice to mariners.

Assistance For Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 57371]]

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 or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 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 require a Statement of Energy Effects 
under Executive Order 13211.

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 because we are establishing a safety zone.
    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; 33 CFR 1.05-1(g), 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 Sec.  165.T11-096 to read as follows:


Sec.  165.T11-096  Safety Zone: San Francisco Bay, San Francisco, 
California.

    (a) Location. This temporary safety zone shall include the 
navigable waters of the San Francisco Bay within a radius of 1,000 feet 
from a fireworks launch barge located approximately 1000 feet north of 
Pier 39 in approximate position 37[deg]48'54'' N, 122[deg]24'32'' W, 
San Francisco Bay, San Francisco, California.
    (b) Regulations. (1) 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.
    (2) Persons desiring to transit the area of the safety zone may 
contact the Captain of the Port at telephone number 510-437-3073 or on 
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. 
If permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his designated 
representative.
    (c) Enforcement. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port or the designated 
on-scene patrol personnel. Patrol personnel comprise commissioned, 
warrant, and petty officers of the Coast Guard onboard Coast Guard, 
Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels. 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.
    (d) Effective period. This section becomes effective at 8 p.m. 
(PDT) on

[[Page 57372]]

October 4, 2003, and will terminate at 8:45 p.m. (PDT) on October 4, 
2003.

    Dated: September 23, 2003.
Gerald M. Swanson,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay, 
California.
[FR Doc. 03-25185 Filed 10-2-03; 8:45 am]

BILLING CODE 4910-15-P