[Federal Register: April 7, 2006 (Volume 71, Number 67)]
[Rules and Regulations]
[Page 17703-17705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap06-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD 11-06-002]
RIN 1625-AA08
Special Local Regulations for Marine Events; 2006 San Francisco
Giants' Opening Night Fireworks Display, San Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations in
the navigable waters of San Francisco Bay for the loading, transport,
and launching of fireworks used during the 2006 San Francisco Giants'
Opening Night Fireworks Display to be held on April 7, 2006. These
special local regulations are intended to prohibit vessels and people
from entering into or remaining within the regulated areas in order to
ensure the safety of participants and spectators.
DATES: This rule is effective from 1 p.m. to 10 p.m. on April 7, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of the docket CGD 11-06-002 and are available for
inspection or copying at Coast Guard Sector San Francisco, 278 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: Lieutenant Junior Grade Jennifer
Green, U.S. Coast Guard Sector San Francisco, at (415) 556-2950 ext.
136.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3)(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,
special local regulations 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 this
fireworks display.
Background and Purpose
The San Francisco Giants are sponsoring a brief fireworks display
on April 7, 2006 in the waters of San Francisco Bay near AT&T Park. The
fireworks display is meant for entertainment purposes as a finale to
conclude the 2006 San Francisco Giants' Opening Night baseball game.
These special local regulations are being issued to establish a
temporary regulated area in 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.
This regulated area around the launch barge is necessary to protect
spectators, vessels, and other property from the hazards associated
with the pyrotechnics on the fireworks barge. The Coast Guard has
granted the event sponsor a marine event permit for the fireworks
display.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters off of the San Francisco waterfront. During the
loading of the fireworks barge, while the barge is being towed to the
display location, and until the start of the fireworks display, the
special local regulations apply to the navigable waters around and
under the fireworks barge within a radius of 100 feet. During the 15-
minute fireworks display, the area to which these special local
regulations apply will increase in size to encompass the navigable
waters around and under the fireworks barge within a radius of 1,000
feet. Loading of the pyrotechnics onto the fireworks barge is scheduled
to commence at 1 p.m. on April 7, 2006, and will take place at Pier 50
in San Francisco. Towing of the barge from Pier 50 to the display
location is scheduled to take place between 5:30 p.m. and 7:30 p.m. on
April 7, 2006. During the fireworks display, scheduled to commence at
approximately 9:30 p.m., the fireworks barge will be located
approximately 1,000 feet off of Pier 48 in position 37[deg]46'57.2''
N., 122[deg]23'58.0'' W.
The effect of the temporary special local regulations will be to
restrict general navigation in the vicinity of the fireworks barge
while the fireworks are loaded at Pier 50, 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 regulated
area. These regulations are 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 regulation prevents traffic from transiting a portion
of San Francisco Bay during the event, the effect of this regulation
will not be significant due to the small size and limited duration of
the regulated area. The entities most likely to be affected are
pleasure craft engaged in recreational activities and sightseeing. We
expect the economic impact of this
[[Page 17704]]
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
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 affected 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 these special local regulations
via public notice to mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 Lieutenant Junior Grade Jennifer Green, U.S. Coast Guard Sector
San Francisco, at (510) 437-5873.
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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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,
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)(h), of the Instruction, from further
environmental documentation.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
[[Page 17705]]
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233, Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 100.35-T11-075 to read as follows:
Sec. 100.35-T11-075 2006 San Francisco Giants' Opening Night
Fireworks Display, San Francisco Bay, CA.
(a) Regulated Area. A regulated area is established for the waters
of San Francisco Bay surrounding a barge used as the launch platform
for a fireworks display to be held at the conclusion of the 2006 San
Francisco Giants' Opening Night baseball game. During the loading of
the fireworks barge, during the transit of the fireworks barge to the
display location, and until the start of the fireworks display, the
regulated area encompasses the navigable waters around and under the
fireworks barge within a radius of 100 feet. During the 15 minutes
preceding the fireworks display and during the 15-minute fireworks
display itself, the regulated area increases in size to encompass the
navigable waters around and under the fireworks launch barge within a
radius of 1,000 feet. Loading of the pyrotechnics onto the fireworks
barge is scheduled to commence at 1 p.m. on April 7, 2006, and will
take place at Pier 50 in San Francisco. Towing of the barge from Pier
50 to the display location is scheduled to take place between 5:30 p.m.
and 7:30 p.m. on April 7, 2006. During the fireworks display, scheduled
to start at approximately 9:30 p.m. on April 7, 2006, the barge will be
located approximately 1,000 feet off of San Francisco Pier 48 in
position 37[deg]46'57.2'' N., 122[deg]23'58.0'' W.
(b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector San Francisco.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector San Francisco with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(c) Special Local Regulations. (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by an Official Patrol.
(d) Enforcement Period. This section will be enforced from 1 p.m.
to 10 p.m. on April 7, 2006. If the event concludes prior to the
scheduled termination time, the Coast Guard will cease enforcement of
the special local regulations and will announce that fact via Broadcast
Notice to Mariners.
Dated: March 29, 2006.
K.J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 06-3414 Filed 4-5-06; 3:09 pm]
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