[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Rules and Regulations]
[Pages 29658-29660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12739]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0151]
RIN 1625-AA00
Safety Zone; America's Discount Tire 50th Anniversary, Fireworks
Display, South Lake Tahoe, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters in South Lake Tahoe, CA, in support of America's
Discount Tire 50th Anniversary Fireworks Display. 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 10 a.m. on July 11, 2010, to 9:50
p.m. on July 13, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0151 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2010-0151
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Ensign Elizabeth Ellerson at 415-399-7436, or e-
mail [email protected]. If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule, because it would be impracticable to
complete the rulemaking process before the event occurs. Because of the
dangers posed by the pyrotechnics used in these fireworks displays, the
safety zone is necessary to provide for the safety of event
participants, spectators, spectator craft, and other vessels transiting
the event area. For the safety concerns noted, it is
[[Page 29659]]
in the public interest to have these regulations in effect during the
event.
Background and Purpose
America's Discount Tire will sponsor their 50th Anniversary
Celebration Fireworks Display on July 11 and 13, 2010, on the navigable
waters of South Lake Tahoe, CA. The fireworks display is meant for
entertainment purposes. This safety zone establishes a temporary
restricted area on the waters surrounding the fireworks launch site
during loading of the pyrotechnics, and during the fireworks displays.
This restricted area around the launch site 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
displays.
Discussion of Rule
The Coast Guard is establishing a safety zone for the waters of
South Lake Tahoe, CA, centered around the fireworks launch site. This
site will be located in position: 38[deg]56'56.06'' N,
119[deg]57'54.21'' W (NAD 83). During the set up of the fireworks and
until the start of the fireworks displays, the temporary safety zone
will apply to the navigable waters around the fireworks sites within a
radius of 100 feet, but during the displays themselves, the size of the
safety zone will expand to encompass all navigable waters within 1,000
feet of the launch site. Thus, enforcement of the zone will be as
follows:
1. From 10 a.m. until 4:30 p.m., and from 4:33 p.m. until 4:45 p.m.
on July 11, 2010, the safety zone will encompass all navigable waters
within 100 feet of the fireworks launch site.
2. From 8 a.m. until 9:30 p.m., and from 9:38 p.m. until 9:50 p.m.
on July 13, the safety zone will encompass all navigable waters within
100 feet of the fireworks launch site.
3. From 4:30 p.m. until 4:33 p.m. on July 11, 2010, and from 9:30
p.m. to 9:38 p.m. on July 13, 2010, the safety zone will encompass all
navigable waters within 1,000 feet of the fireworks launch site.
4. The safety zone will not be enforced during other areas of the
effective period.
The effect of the temporary safety zones will be to restrict
navigation in the vicinity of the fireworks sites while the fireworks
are set up, and until the conclusion of the scheduled displays. Except
for persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the restricted area. These
regulations are needed to keep spectators and vessels a safe distance
away from the fireworks barges to ensure the safety of participants,
spectators, and transiting vessels.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 zones, the effect of this rule will not be significant. The
entities most likely to be affected are pleasure craft engaged in
recreational activities. In addition, the rule will only restrict
access for a limited time. Last but not least, the Public Broadcast
Notice to Mariners will notify the users of local waterway to ensure
that the safety zone will result in minimum impact.
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.
Although this rule may affect owners and operators of pleasure
craft engaged in recreational activities and sightseeing, it will not
have a significant economic impact on a substantial number of small
entities for several reasons: (i) This rule will encompass only a small
portion of the waterway for a limited period of time; (ii) vessel
traffic can pass safely around the area; (iii) vessels engaged in
recreational activities and sightseeing have ample space outside of the
affected areas of South Lake Tahoe, CA to engage in these activities;
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 offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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 (adjusted for
inflation) 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
[[Page 29660]]
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 Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, 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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing,
disestablishing, or changing Regulated Navigation Areas and security or
safety zones. An environmental analysis checklist and a categorical
exclusion determination are 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, and 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 Sec. 165.T11-315 to read as follows:
Sec. 165.T11-315 Safety Zone; 50th Anniversary Celebration, Fireworks
Display, South Lake Tahoe, CA.
(a) Location. This temporary safety zone is established for the
waters of South Lake Tahoe, CA. The fireworks launch site is located in
position: 38[deg]56'56.06'' N, 119[deg]57'54.21'' W (NAD 83).
(1) From 10 a.m. until 4:30 p.m., and from 4:33 p.m. until 4:45
p.m. on July 11, 2010, the safety zone will encompass all navigable
waters within 100 feet of the fireworks launch site.
(2) From 8 a.m. until 9:30 p.m., and from 9:38 p.m. until 9:50 p.m.
on July 13, 2010, the safety zone will encompass all navigable waters
within 100 feet of the fireworks launch site.
(3) From 4:30 p.m. until 4:33 p.m. on July 11, 2010, and from 9:30
p.m. to 9:38 p.m. on July 13, 2010, the safety zone will encompass all
navigable waters within 1,000 feet of the fireworks launch site.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations.
(1) Under the general regulations in Sec. 165.23, entry into,
transiting, or anchoring within this safety zone is prohibited unless
authorized by the COTP or the COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the designated representative. Persons and vessels
may request permission to enter the safety zones on VHF-16 or through
the 24-hour Command Center at telephone (415) 399-3547.
(d) Enforcement period. This section will be enforced from 10 a.m.
to 4:45 p.m. on July 11, 2010, and from 8 a.m. to 9:50 p.m. on July 13,
2010.
Dated: May 12, 2010.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2010-12739 Filed 5-26-10; 8:45 am]
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