[Federal Register: September 2, 2005 (Volume 70, Number 170)]
[Rules and Regulations]
[Page 52303-52305]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se05-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD11-05-022]
RIN 1625-AA08
Special Local Regulations for Marine Event; Labor Day Fireworks
Display, South Lake Tahoe, 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 Lake Tahoe for the loading, transport, and
launching of fireworks used during a fireworks display to be held in
celebration of Labor Day on September 4, 2005. These special local
regulations are intended to prohibit vessels and people from entering
into or remaining within the regulated area and to ensure the safety of
participants and spectators.
DATES: This rule is effective from 10 a.m. on September 3, 2005 to 10
p.m. on September 4, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of the docket CGD 11-05-022 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 Ian Callander, U.S. Coast
Guard Marine Safety Office San Francisco Bay, at (510) 437-3401.
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, 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.
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 Tahoe-Douglas Visitors Authority is sponsoring a brief
fireworks display on September 4, 2005 in the waters of South Lake
Tahoe, CA. The fireworks display is meant for entertainment purposes in
celebration of Labor Day. These special local regulations are being
issued to establish a temporary regulated area in South Lake Tahoe
around the three fireworks launch barges during loading of the
pyrotechnics, during the transit of the barges to the display location,
and during the fireworks display. This regulated area around the launch
barges is necessary to protect spectators, vessels, and other property
from the hazards associated with the pyrotechnics on the fireworks
barges. 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 of South Lake Tahoe, CA. During the loading of the
fireworks barges, while the barges are 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 barges within a radius of 100 feet. During the 20-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 barges within a radius of 1,000 feet. Loading
of the pyrotechnics onto the fireworks barges is scheduled to commence
at 10 a.m. on September 3, 2005, and will take place at the Tahoe Keys
Marina in South Lake Tahoe, CA. Towing of the barges from the Tahoe
Keys Marina, to the display location, is scheduled to take place
between 12 p.m. and 7 p.m. on September 4, 2005. During the fireworks
display, scheduled to commence at 9:15 p.m. on September 4, 2005, the
fireworks barges will be located approximately 1,500 feet off the South
Lake Tahoe waterfront near the California/Nevada border, in position
38[deg]57'54'' N, 119[deg]57'18'' W.
The effect of the temporary special local regulations will be to
restrict general navigation in the vicinity of the fireworks barges
while the fireworks are loaded at the Tahoe Keys Marina,
[[Page 52304]]
during the transit of the fireworks barges, 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 barges and to
ensure the safety of participants, spectators, and transiting vessels.
Pursuant to 33 U.S.C. 1236, persons violating these special local
regulations may be liable as follows: suspension or revocation of the
license of a licensed officer for incompetence or misconduct; civil
penalty of $6,500 for any person in charge of the navigation of a
vessel other than a licensed officer; civil penalty of $6,500 for the
owner of a vessel (including any corporate officer of a corporation
owning the vessel) who is actually on board; and $2,750 for any other
person.
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 regulation prevents traffic from transiting a portion
of Lake Tahoe 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.
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. This rule may effect 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 Lake
Tahoe 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 broadcast notice to mariners, and/or a local
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 Lieutenant Ian Callander, U.S. Coast Guard Marine Safety Office
San Francisco Bay, at (510) 437-3401.
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.
[[Page 52305]]
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. Special local regulations issued in
conjunction with a regatta or marine parade permit are specifically
excluded from further analysis and documentation under those sections.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
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-T11-037 to read as follows:
Sec. 100.35-T11-037 Labor Day Fireworks Display, South Lake Tahoe,
CA.
(a) Regulated Area. A regulated area is established for the waters
of South Lake Tahoe surrounding three barges used as launch platforms
for a fireworks display. During the loading of the fireworks barges,
during the transit of the fireworks barges to the display location, and
until the start of the fireworks display, the regulated area
encompasses the navigable waters around and under each of the fireworks
barges within a radius of 100 feet. During the 20-minute fireworks
display, the regulated area increases in size to encompass the
navigable waters around and under each fireworks launch barge within a
radius of 1,000 feet. Loading of the pyrotechnics onto the fireworks
barges is scheduled to commence at 10 a.m. on September 3, 2005, and
will take place at the Tahoe Keys Marina in South Lake Tahoe, CA.
Towing of the barges from the Tahoe Keys Marina to the display location
is scheduled to take place between 12 p.m. and 7 p.m. on September 4,
2005. During the fireworks display, scheduled to commence at
approximately 9:15 p.m. on September 4, 2005, the barges will be
located approximately 1,500 feet off the South Lake Tahoe waterfront
near the California/Nevada border in position 38[deg]57'54'' N,
119[deg]57'18'' 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, Sector San Francisco Bay.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector San Francisco Bay 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 10 a.m.
on September 3, 2005 to 10 p.m. on September 4, 2005. 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: August 23, 2005.
K.J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 05-17468 Filed 9-1-05; 8:45 am]
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