[Federal Register Volume 72, Number 121 (Monday, June 25, 2007)]
[Rules and Regulations]
[Pages 34627-34630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12281]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 07-020]
RIN 1625-AA00


Safety Zones; Lake Tahoe Independence Day Celebration, Lake 
Tahoe, CA and Lake Tahoe, NV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
navigable waters of Lake Tahoe for the loading, transport, and 
launching of fireworks to celebrate Independence Day. These safety 
zones are established to ensure the safety of participants and 
spectators. Unauthorized persons or vessels are prohibited from 
entering into, transiting through, or remaining in the safety zones 
without permission of the Captain of the Port or his designated 
representative.

DATES: This rule is effective from 5 a.m. on July 1, 2007, to 10:15 
p.m. on July 4, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of the docket COTP San Francisco Bay 07-020 and 
are available for inspection or copying at Coast Guard Sector San 
Francisco, 1 Yerba Buena Island, San Francisco, California 94130, 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Sheral Richardson, U.S. Coast 
Guard Sector San Francisco, at (415) 556-2950 ext. 136.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Logistical details surrounding 
the event were not finalized and presented to the Coast Guard in time 
to draft and publish an NPRM. As such, the event would occur before the 
rulemaking process was complete. Because of the dangers posed by the 
pyrotechnics used in this fireworks display, safety zones are necessary 
to provide for the safety of event participants, 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.

[[Page 34628]]

    For the same reasons listed in the previous paragraph, 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 this 
fireworks display.

Background and Purpose

    Red, White, and Tahoe Blue, Lake Tahoe Visitor's Authority, and 
Glenbrooks Fireworks Committee are sponsoring fireworks displays on 
July 4, 2007. These fireworks displays are meant for entertainment 
purposes in celebration of Independence Day. These safety zones are 
being issued to establish temporary regulated areas in Lake Tahoe 
around the fireworks launch barge during loading of the pyrotechnics, 
during the transit of the barges to the display locations, and during 
the fireworks displays. These safety zones around the launch barges are 
necessary to protect spectators, vessels, and other property from the 
hazards associated with the pyrotechnics on the fireworks barges. The 
Coast Guard has granted each event sponsor a marine event permit for 
the fireworks display.

Discussion of Rule

    The Coast Guard is establishing temporary safety zones on specified 
waters of Lake Tahoe. During the loading of the fireworks barges, while 
the barges are being towed to the display locations, and until the 
start of the fireworks displays, these safety zones will apply to the 
navigable waters around and under the fireworks barges within a radius 
of 100 feet. Fifteen minutes prior to and during the fireworks 
displays, the area to which these safety zones applies to will increase 
in size to encompass the navigable waters around and under the 
fireworks barges within a radius of 1,000 feet.
    The first fireworks show is sponsored by Red, White, and Tahoe Blue 
and is in the waters of Lake Tahoe on Crystal Bay. Commencing at 5 a.m. 
on July 1, 2007, the barges will be towed from the shoreline of Incline 
Village, Nevada, to the display location, which is approximately 700 
feet off the shore on Crystal Bay in position 39[deg]14'06'' N, 
119[deg]57'53'' W. While the barges are in their display location they 
will be anchored and loaded from July 1, 2007, until July 4, 2007. The 
fireworks display is scheduled to commence at 9 p.m. on July 4, 2007 
and last approximately thirty minutes.
    The second fireworks show is being sponsored by Lake Tahoe 
Visitor's Authority and is in the waters of South Lake Tahoe. Loading 
of the pyrotechnics onto the fireworks barges is scheduled to commence 
at 8:30 a.m. on July 2, 2007, and will take place at Tahoe Keys Marina 
in South Lake Tahoe, California. Towing of the barges from Tahoe Keys 
Marina to the display location is scheduled to take place between 9:30 
a.m. and 3 p.m. on July 4, 2007. During the fireworks display, 
scheduled to commence at approximately 9:45 p.m. on July 4, 2007, the 
fireworks barge will be located approximately 1,500 feet off of the 
shore line of South Lake Tahoe in position 38[deg]57'56[sec] N, 
119[deg]57'21[sec] W. The fireworks display is scheduled to last 
approximately thirty minutes.
    The third fireworks show is being sponsored by Glenbrooks Fireworks 
Committee. Loading of the pyrotechnics onto the fireworks barge is 
scheduled to commence at 9 a.m. on July 3, 2007, and will take place at 
Obexers Marina in Homewood, California. Towing of the barge from 
Obexers Marina to the display location is scheduled to take place 
between 1 p.m. and 5 p.m. on July 3, 2007. The barge will be anchored 
overnight. During the fireworks display, scheduled to commence at 
approximately 9:30 p.m. on July 4, 2007, the fireworks barges will be 
located approximately 600 feet off of the shore line of Glenbrook, 
Nevada on Glenbrook Bay in position 39[deg]05'23[sec] N, 
119[deg]56'39[sec] W. The fireworks display is scheduled to last 
approximately eighteen minutes.
    The effect of the temporary safety zones will be to restrict 
general navigation in the vicinity of the fireworks barges while the 
fireworks are loaded, during the transit of the fireworks barges, 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 safety zones. These safety zones are 
needed to keep spectators and vessels a safe distance away from the 
fireworks barge to ensure the safety of participants, spectators, and 
transiting vessels.

Regulatory Evaluation

    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 the local waterway users will be notified via public broadcast 
notice to mariners to ensure the safety zones will result in minimum 
impact. The entities most likely to be affected are pleasure craft 
engaged in recreational activities.

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 is 
not expected to have a significant economic impact on a substantial 
number of entities, some of which may be small entities. This rule may 
affect owners and operators of pleasure craft engaged in recreational 
activities and sightseeing. This rule will not have a significant 
economic impact on a substantial number of small entities for several 
reasons: (i) Vessel traffic can pass safely around the area, (ii) 
vessels engaged in recreational activities and sightseeing have ample 
space outside of the effected portion of Lake Tahoe to engage in these 
activities, (iii) this rule will encompass only a small portion of the 
waterway for a limited period of time, and (iv) the maritime public 
will be advised in advance of this safety zone via public 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 offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions, options 
for compliance, or assistance in understanding this rule, please 
contact Ensign Sheral Richardson, U.S. Coast Guard Sector San 
Francisco, at (415) 556-2950 ext. 136.
    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

[[Page 34629]]

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).

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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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 Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, 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 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. Paragraph (34)(g) is applicable because this rule 
establishes a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be 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, 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 temporary Sec.  165.35-T11-204 to read as follows:


Sec.  165.35-T11-204  Safety Zones; Lake Tahoe Independence Day 
Celebration, Lake Tahoe, CA, and Lake Tahoe, NV.

    (a) Location. These safety zones are established for the waters of 
Lake Tahoe surrounding barges used as the launch platform for fireworks 
displays to be held in celebration of Independence Day. During the 
loading of the fireworks barge, during the transit of the fireworks 
barges to the display locations, and until fifteen minutes prior to the 
start of the fireworks displays, the safety zones will encompass the 
navigable waters around and under the fireworks barges within a radius 
of 100 feet. During the fifteen minutes preceding the fireworks 
displays and during the fireworks displays, the safety zones increases 
in size to encompass the navigable waters around and under the 
fireworks launch barges within a radius of 1,000 feet.
    (1) The first fireworks show is in the waters of Lake Tahoe on 
Crystal Bay. Commencing at 5 a.m. on July 1, 2007, the barges will be 
towed from the shoreline of Incline Village, Nevada, to the display 
location, which is approximately 700 feet off the shore on Crystal Bay 
in position 39[deg]14[min]06[sec] N, 119[deg]57[min]53[sec] W. While 
the barges are in their display location they will be anchored and 
loaded from July 1, 2007, until July 4, 2007. The fireworks display is 
scheduled to commence at 9 p.m. on July 4, 2007 and last approximately 
thirty minutes.
    (2) The second fireworks show is in the waters of South Lake Tahoe.

[[Page 34630]]

Loading of the pyrotechnics onto the fireworks barges is scheduled to 
commence at 8:30 a.m. on July 2, 2007, and will take place at Tahoe 
Keys Marina in South Lake Tahoe, California. Towing of the barges from 
Tahoe Keys Marina to the display location is scheduled to take place 
between 9:30 a.m. and 3 p.m. on July 4, 2007. During the fireworks 
display, scheduled to commence at approximately 9:45 p.m. on July 4, 
2007, the fireworks barge will be located approximately 1,500 feet off 
of the shore line of South Lake Tahoe in position 38[deg]57[min]56[sec] 
N, 119[deg]57[min]21[sec] W. The fireworks display is scheduled to last 
approximately thirty minutes.
    (3) The third fireworks show is in the waters of Lake Tahoe on 
Glenbrook Bay. Loading of the pyrotechnics onto the fireworks barge is 
scheduled to commence at 9 a.m. on July 3, 2007, and will take place at 
Obexers Marina in Homewood, California. Towing of the barge from 
Obexers Marina to the display location is scheduled to take place 
between 1 p.m. and 5 p.m. on July 3, 2007. The barge will be anchored 
overnight. During the fireworks display, scheduled to commence at 
approximately 9:30 p.m. on July 4, 2007, the fireworks barge will be 
located approximately 600 feet off of the shore line of Glenbrook, 
Nevada on Glenbrook Bay in position 39[deg]05[min]23[sec] N, 
119[deg]56[min]39[sec] W. The fireworks display is scheduled to last 
approximately eighteen minutes.
    (b) Effective Period. This section will be enforced from 5 a.m. on 
July 1, 2007, to 10:15 p.m. on July 4, 2007. If the event concludes 
prior to the scheduled termination time, the Coast Guard will cease 
enforcement of this safety zone and will announce that fact via 
Broadcast Notice to Mariners.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transit through, or anchoring 
within these safety zones by all vessels and persons is prohibited, 
unless specifically authorized by the Captain of the Port San 
Francisco, or his designated representative.
    (d) Enforcement. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port, or the designated 
on-scene patrol personnel. Patrol personnel can be comprised of 
commissioned, warrant, and petty officers of the Coast Guard onboard 
Coast Guard, Coast Guard Auxiliary, local, state, and federal law 
enforcement vessels. Upon being hailed by U.S. Coast Guard patrol 
personnel by siren, radio, flashing light, or other means, the operator 
of a vessel shall proceed as directed. The U.S. Coast Guard may be 
assisted in the patrol and enforcement of these safety zones by local 
law enforcement as necessary.

    Dated: June 13, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. E7-12281 Filed 6-20-07; 8:45 am]
BILLING CODE 4910-15-P