[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Rules and Regulations]
[Pages 35043-35046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14402]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0402]
RIN 1625-AA00
Safety Zone: Execpro Services Fireworks Display, Lake Tahoe,
Incline Village, NV
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 of Lake Tahoe near Incline Village, NV in support of
the Execpro Services Fireworks Display on July 5, 2014. 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 their designated representative.
DATES: This rule is effective from July 3, 2014 until July 5, 2014.
This rule will be enforced from 7 a.m. on July 3, 2014 until 10:10 p.m.
on July 5, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0402. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 rule,
call or email Lieutenant Junior Grade Joshua Dykman, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-3585 or
[[Page 35044]]
email at [email protected]. If you have questions on viewing
or submitting material to the docket, call the Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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(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. The Coast Guard received the
information about the fireworks display on May 15, 2014, and the
fireworks display would occur before the rulemaking process would be
completed. Because of the dangers posed by the pyrotechnics used in
this fireworks display, 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
in the public interest to have these regulations in effect during the
event.
B. Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C. 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; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish safety zones.
Execpro Services will sponsor a fireworks display on July 5, 2014,
in the navigable waters of Lake Tahoe near Incline Village, NV in
approximate position 39[deg]13'56'' N, 119[deg]56'23'' W (NAD 83) as
depicted in National Oceanic and Atmospheric Administration (NOAA)
Chart 18665. This safety zone establishes a temporary restricted area
on the waters 100 feet surrounding the fireworks barge during the
loading, transit and arrival of the pyrotechnics from the loading site
to the launch site and until the commencement of the fireworks display.
Upon the commencement of the 25 minute fireworks display, the safety
zone will increase in size and encompass the navigable waters around
the fireworks barge within a radius of 560 feet. The fireworks display
is meant for entertainment purposes. This restricted area around the
fireworks barge is necessary to protect spectators, vessels, and other
property from the hazards associated with the pyrotechnics.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety zone in navigable waters
around and under a fireworks barge within a radius of 100 feet during
the loading, transit, and arrival of the fireworks barge to the display
location and until the start of the fireworks display. From 7 a.m.
until 3 p.m. on July 3, 2014, the fireworks barge will be loaded at
Obexer's Marina in Homewood, CA. From 3 p.m. on July 3, 2014 to 7 a.m.
on July 4, 2014, the loaded barge will transit from Obexer's Marina to
the launch site near Incline Village, NV in approximate position
39[deg]13'56'' N, 119[deg]56'23'' W (NAD 83) where it will remain until
the commencement of the fireworks display. Upon the commencement of the
25 minute fireworks display, scheduled to begin at 9:30 p.m. on July 5,
2014, the safety zone will increase in size and encompass the navigable
waters around and under the fireworks barge within a radius 560 feet in
approximate position 39[deg]13'56'' N, 119[deg]56'23'' W (NAD 83) for
the Execpro Services Fireworks Display. At the conclusion of the
fireworks display the safety zone shall terminate.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the fireworks barge while the fireworks
are set up, 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 restricted area. These
regulations are needed to keep spectators and vessels away from the
immediate vicinity of the fireworks barge to ensure the safety of
participants, spectators, and transiting vessels.
D. 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 and executive orders.
1. Regulatory Planning and Review
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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. The safety zone is
limited in duration, and is limited to a narrowly tailored geographic
area. In addition, although this rule restricts access to the waters
encompassed by the safety zone, the effect of this rule will not be
significant because the local waterway users will be notified via
public Broadcast Notice to Mariners to ensure the safety zone will
result in minimum impact. The entities most likely to be affected are
waterfront facilities, commercial vessels, and pleasure craft engaged
in recreational activities.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 affect owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing. This safety zone would not have a
significant economic impact on a substantial number of small entities
for the following reasons. This safety zone would be activated, and
thus subject to enforcement, for a limited duration. When the safety
zone is activated, vessel traffic could pass safely around the safety
zone. The maritime public will be advised in advance of this safety
zone via Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions
[[Page 35045]]
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT, above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that 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 involves a safety zone of limited size and
duration. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
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(g), 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.T11-639 to read as follows:
Sec. 165.T11-639 Safety zone: Execpro Services Fireworks Display,
Lake Tahoe, Incline Village, NV.
(a) Location. This temporary safety zone is established for the
navigable waters of Lake Tahoe near Incline Village, NV as depicted in
National Oceanic and Atmospheric Administration (NOAA) Chart 18665.
From 8 a.m. on July 3, 2014 until 9:30 p.m. on July 5, 2014, the
temporary safety zone applies to the nearest point of the fireworks
barge within a radius of 100 feet during the loading, transit, and
arrival of the fireworks barge from Obexer's Marina in Homewood, CA to
the launch site near Incline Village, NV in approximate position
39[deg]13'56'' N, 119[deg]56'23'' W (NAD 83). From 9:30 p.m. until
10:10 p.m. on July 5, 2014, the temporary safety zone will increase in
size to encompass the navigable waters around and under the fireworks
barge in approximate position 39[deg]13'56'' N, 119[deg]56'23'' W (NAD
83) within a radius of 560 feet.
(b) Enforcement Period. The zone described in paragraph (a) of this
section will be enforced from 8 a.m. on July 3, 2014 through 10:10 p.m.
on July 5, 2014. The Captain of the Port San Francisco (COTP) will
notify the maritime community of periods during which this zone will be
enforced via Broadcast Notice to Mariners in accordance with 33 CFR
165.7.
[[Page 35046]]
(c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
(d) Regulations. (1) Under the general regulations in 33 CFR Part
165, Subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a 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 a designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-23A or through
the 24-hour Command Center at telephone (415) 399-3547.
Dated: June 5, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2014-14402 Filed 6-18-14; 8:45 am]
BILLING CODE 9110-04-P