[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Rules and Regulations]
[Pages 80717-80720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32192]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-1079]
RIN 1625-AA00
Safety Zone; Sacramento New Year's Eve, Fireworks Display,
Sacramento, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
support of the Sacramento New Year's Eve Fireworks Display. From 8:45
p.m. on December 31, 2010 until 12:25 a.m. on January 1, 2011,
pyrotechnics will be launched from shore over the Sacramento River and
from the center of the Tower Lift Bridge on the Sacramento River. The
fireworks displays will occur
[[Page 80718]]
from 8:45 p.m. to 9:25 p.m. on December 31, 2010 and from 11:45 p.m. on
December 31, 2010 until 12:25 a.m. on January 1, 2011. 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 her designated representative.
DATES: This rule is effective from 6 p.m. on December 31, 2010 until
12:25 a.m. on January 1, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-1079 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-1079 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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 Lieutenant Junior Grade Allison Natcher at 415-
399-7442, 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 the event would occur before the
rulemaking process would be completed. Because of the dangers posed by
the pyrotechnics used in these fireworks displays, the safety zones are
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 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 the fireworks display.
Background and Purpose
The Sacramento Convention and Visitors Bureau will sponsor the
Sacramento New Year's Eve Fireworks Displays from 8:45 p.m. until 9:25
p.m. on December 31, 2010 and 11:45 p.m. on December 31, 2010 through
12:25 a.m. on January 1, 2011. The fireworks displays are for
entertainment purposes. A safety zone is necessary to protect
spectators, vessels, and other property from the hazards associated
with pyrotechnics. 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 temporary safety zone in order to
protect spectators, vessels, and other property from the hazards
associated with the planned pyrotechnics. From 6 p.m. until 8:45 p.m.
on December 31, 2010, the temporary safety zone will extend 100 feet
from the center of the Tower Lift Bridge at position 38[deg]34'48.26''
N, 121[deg]30'38.52'' W over the Sacramento River. During the fireworks
displays from 8:45 p.m. until 9:25 p.m. on December 31, 2010 and from
11:45 on December 31, 2010 until 12:25 a.m. on January 1, 2011, the
area to which the temporary safety zone applies will increase in size
to encompass the navigable waters around the fireworks launch sites
located 600 feet from the launch sites at positions 38[deg]34'48.26''
N, 121[deg]30'38.52'' W and 38[deg]34'49.84'' N, 121[deg]30'29.59'' W.
At 12:25 a.m., January 1, 2011, the safety zone shall terminate.
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. Finally, 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 Sacramento, 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
[[Page 80719]]
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 cause 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 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, 3306,
3703; 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.T11-379 to read as follows:
Sec. 165.T11-379 Safety Zone; Sacramento New Year's Eve, Fireworks
Display, Sacramento, CA.
(a) Location. During the loading of the fireworks onto the Tower
Lift Bridge in Sacramento, CA, on December 31, 2010 at 6 p.m. and until
the start of the fireworks displays at 8:45 p.m., the temporary safety
zone is established for 100 feet from the center of the Tower Lift
Bridge at position 38[deg]34'48.26'' N, 121[deg]30'38.52'' W over the
Sacramento River. During the fireworks displays from 8:45 p.m. to 9:25
p.m. on December 31, 2010 and from 11:45 p.m. on December 31, 2010
until 12:25 a.m. on January 1, 2011, the safety zone will extend 600
feet from fireworks launch site positions 38[deg]34'48.26'' N,
121[deg]30'38.52'' W (NAD 83) and 38[deg]34'49.84'' N,
121[deg]30'29.59'' W (NAD 83). At 12:25 a.m. on January 1, 2011, this
safety zone shall terminate.
[[Page 80720]]
(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 6 p.m.
to 9:25 p.m. on December 31, 2010 and from 11:45 p.m. on December 31,
2010 until 12:25 a.m. on January 1, 2011.
Dated: December 10, 2010.
C.L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2010-32192 Filed 12-22-10; 8:45 am]
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