[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Rules and Regulations]
[Pages 34288-34289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16781]
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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
