[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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