[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31846-31848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13689]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0167]
RIN 1625-AA00
Safety Zone; 28th Annual Humboldt Bay Festival, Fireworks
Display, Eureka, 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 28th Annual Humboldt Bay Festival Fireworks Display on
the specified waters off the South end of Woodley Island in Eureka,
California. 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 11:45 a.m. on July 3, 2011 until
10:45 p.m. on July 4, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0167 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0167 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 ENS Liz Ellerson at (415) 399-7443, 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)
because it would be impracticable to delay 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 immediate action 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 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.
Basis and Purpose
The City of Eureka will sponsor the 28th Annual Humboldt Bay
Festival Fireworks Display. The fireworks display is for entertainment
purposes. This safety zone establishes a temporary restricted area on
the waters 100 feet surrounding the fireworks loading, transit and
launch sites, and extends the safety zone to 1,000 feet of the launch
site during the fireworks display. This safety zone is necessary to
protect spectators, vessels, and other property from the hazards
associated with 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 City of Eureka will sponsor the 28th Annual Humboldt Bay
Festival Fireworks Display from 11:45 a.m. on July 3, 2011 until 10:45
p.m. on July 4, 2011, on the navigable waters of Humboldt Bay located
200 yards off the South end of Woodley Island in Eureka, California.
From 12 p.m. until 8 p.m. on July 3, 2011, pyrotechnics will be loaded
onto a barge at Schneider Pier. From 3 p.m. until 4 p.m. on July 4,
2011 the loaded barge will be transiting from Schneider Dock to the
launch site located at position 40[deg]48'35.30'' N, 124[deg]09'56.47''
W (NAD 83). The temporary safety zone will extend 100 feet from the
nearest point of the barge during the loading, transit, and arrival of
the pyrotechnics from Schneider Pier to position 40[deg]48'35.30'' N,
124[deg]09'56.47'' W (NAD 83). The fireworks display will occur from 10
p.m. on July 4, 2011 until 10:25 p.m., during which the safety zone
will extend 1,000 feet from the nearest point of the barge at position
40[deg]48'35.30'' N, 124[deg]09'56.47'' W (NAD 83). At 11 p.m. on July
4, 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
[[Page 31847]]
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
because: (1) The entities most likely to be affected are pleasure craft
engaged in recreational activities; (2) the rule will only restrict
access for a limited time; and (3) 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. This rule will affect the following entities, some of which
may be small entities: the owners and operators of pleasure craft
engaged in recreational activities and sightseeing intending to transit
the designated area of Humboldt Bay between 11:45 a.m. on July 3, 2011
and 10:45 p.m. July 4, 2011.
This safety zone 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 San Francisco, 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 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
[[Page 31848]]
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 a safety
zone. 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.
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 temporary Sec. 165.T11-409 to read as follows:
Sec. 165.T11-409 Safety Zone; 28th Annual Humboldt Bay Festival,
Fireworks Display, Eureka, CA
(a) Location. (1) This temporary safety zone is established for the
waters located 200 yards off the South end of Woodley Island in Eureka,
CA. The fireworks launch site will be located in position:
40[deg]48'35.30'' N, 124[deg]09'56.47'' W (NAD 83).
(2) During the loading of the fireworks, on July 3, 2011 at 12 p.m.
at Schneider Dock in Eureka, CA, and until the start of the fireworks
displays at 10 p.m. on July 4, 2011 the temporary safety zone shall
extend 100 feet from the loaded pyrotechnics barge at Schneider Dock,
during transit and arrival to position: 40[deg]48'35.30'' N,
124[deg]09'56.47'' W (NAD 83).
(3) From 9:45 p.m. until 10:45 p.m. on July 4, 2011, the area to
which the temporary safety zones apply will increase in size to 1,000
feet at position 40[deg]48'35.30'' N, 124[deg]09'56.47'' W (NAD 83). At
10:45 p.m. on July 4, 2011, this safety zone shall terminate.
(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) Effective period. This section is effective from 11:45 a.m. on
July 3, 2011 until 10:45 p.m. on July 4, 2011.
Dated: May 1, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2011-13689 Filed 6-1-11; 8:45 am]
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