[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Rules and Regulations]
[Pages 59803-59806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22508]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 04-025]
RIN 1625-AA00
Safety Zone; San Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final rule.
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SUMMARY: The Coast Guard is establishing a temporary fixed safety zone
within the navigable waters adjacent to Alameda Point, San Francisco
Bay, California, during the filming of a movie scene involving
pyrotechnics. The safety zone is necessary to provide for the safety of
mariners transiting in the vicinity of the filming location and for the
safety of the actors and technicians working with the pyrotechnics.
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 his designated representative.
[[Page 59804]]
DATES: This rule is effective from 12 p.m. September 30, 2004, to 12
p.m. on October 6, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of the docket [COTP San Francisco Bay 04-025] 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: Ensign John Bannon, U.S. Coast Guard
Marine Safety Office San Francisco Bay, at (510) 437-3082.
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 area in order to protect the
maritime public from the hazards associated with the pyrotechnics being
used.
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
Three Strikes Productions is filming portions of an upcoming major
motion picture in and around the Aircraft Carrier HORNET Museum located
at Pier Three, Alameda Point, San Francisco Bay, California. The
special effects include simulated fire and explosion scenes conducted
in the waterway in the vicinity of the HORNET, between Piers Two and
Three at Alameda Point. Set up of equipment and filming is scheduled to
take place from September 30 to October 6, 2004. This temporary safety
zone is necessary to protect the public, along with vessels and other
property from the hazards associated with the event.
Discussion of Rule
The safety zone will encompass the navigable waters around and
under the filming area, which is located between Piers Two and Three at
Alameda Point, CA from September 30 to October 6, 2004. Although actual
filming will only occur during evening hours, the safety zone is
required for the entire period to protect the equipment associated with
the pyrotechnics and filming. The pyrotechnics featured in the scenes
to be filmed at this location consist of burning propane to simulate a
fire. The propane fire will be short in duration, and is not expected
to impact the waterway or the marine environment.
The safety zone will be located shoreward of a line drawn between
Alameda Point Pier 2 in approximate position 37[deg] 46'28.0'' N,
122[deg] 18'20.0'' W and Alameda Point Pier 3 in approximate position
37[deg] 46'20.0' N, 122[deg] 18'19.0'' W. Entry into, transit through
or anchoring within the safety zone is prohibited, unless authorized by
the Captain of the Port, or his designated representative.
U.S. Coast Guard personnel will enforce this safety zone. Other
Federal, State, or local law enforcement agencies may assist the Coast
Guard, including the Coast Guard Auxiliary. Title 33, Code of Federal
Regulations, Section 165.23, prohibits any unauthorized person or
vessel from entering or remaining in a safety zone. Vessels or persons
violating this section may be subject to the penalties set forth in 33
U.S.C. 1232 and 50 U.S.C. 192. Pursuant to 33 U.S.C. 1232, any
violation of the safety zone described herein, is punishable by civil
penalties (not to exceed $32,500 per violation, where each day of a
continuing violation is a separate violation), criminal penalties
(imprisonment from 5 to 10 years and a maximum fine of $250,000) and in
rem liability against the offending vessel. Any person who violates
this section using a dangerous weapon, or who engages in conduct that
causes bodily injury or fear of imminent bodily injury to any officer
authorized to enforce this regulation also faces imprisonment from 10
to 25 years.
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 San
Francisco Bay, the effect of this regulation will not be significant as
the safety zone will encompass only 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.
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.
For the same reasons set forth in the above Regulatory Evaluation,
the Coast Guard certifies under 5 U.S.C. Sec. 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: 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. The
maritime public will be advised of the safety zone via public 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 offer 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 the person listed under FOR FURTHER INFORMATION CONTACT.
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
[[Page 59805]]
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.
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)(g), of the Instruction, from further
environmental documentation because we are establishing a safety zone.
A final ``Environmental Analysis Checklist'' and a final
``Categorical Exclusion Determination'' will be available for review in
the docket indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports 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(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.T11-043 to read as follows:
Sec. 165.T11-043 Safety Zone: San Francisco Bay, CA.
(a) Location. The safety zone will encompass the navigable waters
of San Francisco Bay shoreward of a line located between Alameda Point
Pier Two in approximate position 37[deg]46'28.0'' N, 122[deg]18'20.0''
W, and Alameda Point Pier Three in approximate position
37[deg]46'20.0'' N, 122[deg]18'19.0'' W.
(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 is prohibited unless authorized by the Captain of the
Port or his designated representative.
(2) Persons desiring to transit the area of the safety zone may
contact the Captain of the Port at telephone number 415-399-3547 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 must comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene patrol personnel. Patrol personnel comprise of 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 Dates. The safety zone becomes effective at 12 p.m.
on
[[Page 59806]]
September 30, 2004, and will remain in effect until October 6, 2004. If
the event concludes prior to the scheduled termination time, the
Captain of the Port will cease enforcement of the safety zone and will
announce that fact via Broadcast Notice to Mariners.
Dated: September 24, 2004.
Gordon A. Loebl,
Commander, U.S. Coast Guard, Acting Captain of the Port, San Francisco
Bay, California.
[FR Doc. 04-22508 Filed 10-5-04; 8:45 am]
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