[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Rules and Regulations]
[Pages 37641-37643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16092]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0396]
RIN 1625-AA00
Safety Zone; Independence Day Fireworks Celebration for the City
of Half Moon Bay, Half Moon Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Half Moon Bay, off of Pillar Point Harbor beach,
Half Moon Bay, CA in support of the Independence Day Fireworks
Celebration for the City of Half Moon Bay. 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 a designated representative.
DATES: This rule is effective from 11 a.m. through 9:50 p.m. on July 4,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0396 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0396 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 Liezl Nicholas 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
American Legion Post 474 will sponsor the Independence Day
Fireworks Celebration for the City of Half Moon Bay on July 4, 2011, on
the navigable waters of Half Moon Bay, off of Pillar Point Harbor
beach, Half Moon Bay, 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 the fireworks display. This restricted area around the launch
site is necessary to protect spectators, vessels, and other property
from the hazards associated with the pyrotechnics over the water. The
Coast Guard has granted the event sponsor a marine event permit for the
fireworks display.
Discussion of Rule
From 11 a.m. until 9:30 p.m. on July 4, 2011, the temporary safety
zone will extend 100 feet while pyrotechnics are loaded and maintained
at the Pillar Point Harbor beach at position 37[deg]30'03.02'' N,
122[deg]28'24.86'' W (NAD 83). The fireworks display will occur from
9:30 p.m. to 9:50 p.m., during which the safety zone will extend 600
feet from position 37[deg]30'03.02'' N, 122[deg]28'24.86'' W (NAD 83).
At 9:50 p.m., the safety zone shall terminate.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the fireworks site while the fireworks
are set up, and until the conclusion of the scheduled display. Except
for persons or vessels authorized
[[Page 37642]]
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 launch site 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.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, 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 zone, 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 Half Moon Bay, 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 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
[[Page 37643]]
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 023-01 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 that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraphs (34)(g)
and (35)(b), 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.
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, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T11-418 to read as follows:
Sec. 165.T11-418 Safety Zone; Independence Day Fireworks Celebration
for the City of Half Moon Bay, Half Moon Bay, CA
(a) Location. This temporary safety zone is established for the
navigable waters of Half Moon Bay, off of Pillar Point Harbor beach,
Half Moon Bay, CA. The fireworks launch site will be located in
position: 37[deg]30'03.02'' N, 122[deg]28'24.86'' W (NAD 83). From 11
a.m. until 9:30 p.m. on July 4, 2011, the temporary safety zone will
extend 100 feet while pyrotechnics are loaded and maintained at Pillar
Point Harbor beach at position 37[deg]30'03.02'' N, 122[deg]28'24.86''
W (NAD 83). The fireworks display will occur from 9:30 p.m. to 9:50
p.m. during which the safety zone will extend 600 feet from position
37[deg]30'03.02'' N, 122[deg]28'24.86'' W (NAD 83). At 9:50 p.m., the
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 a.m.
through 9:50 p.m. on July 4, 2011.
Dated: June 16, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2011-16092 Filed 6-27-11; 8:45 am]
BILLING CODE 9110-04-P