[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 59963-59966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24364]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0620]
RIN 1625-AA00


Safety Zone: Monte Foundation Firework Display, Monterey, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of Monterey Bay off the fishing pier of Seacliff State 
Beach, Santa Cruz, CA in support of the Monte Foundation Firework 
Display. This safety zone is established to ensure the safety of 
participants and spectators from the dangers associated with the 
pyrotechnics. Unauthorized persons and vessels are prohibited from 
entering into, transiting through, or remaining in the safety zone 
without permission from the Captain of the Port or her designated 
representative.

DATES: This rule is effective from 7 a.m. through 9:30 p.m. on October 
8, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0620 and are available online 
by going

[[Page 59964]]

to http://www.regulations.gov, inserting USCG-2010-0620 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 or e-mail Ensign Liz Ellerson, U.S. Coast Guard 
Sector San Francisco; telephone 415-399-7436, 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 it 
would be impracticable to publish 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 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.

Basis and Purpose

    The Monte Foundation Firework Display is scheduled to take place on 
October 8, 2010, on the navigable waters of Seacliff State Beach, in 
Monterey Bay, off of Santa Cruz, CA. The fireworks display is meant for 
entertainment purposes. This safety zone is issued to establish a 
temporary restricted area on the waters surrounding the fireworks 
launch site during loading of the pyrotechnics, and 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 on the fireworks barges. The 
Coast Guard has granted the event sponsor a marine event permit for the 
fireworks display.

Discussion of Rule

    During the set up of the fireworks and until the start of the 
fireworks display, the temporary safety zone applies to the navigable 
waters around the fireworks site within a radius of 100 feet. From 8:45 
p.m. until 9:05 p.m., the area to which the temporary safety zone 
applies will increase in size to encompass the navigable waters around 
the fireworks site within a radius of 1,000 feet.
    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 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.

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.

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 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 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 will 
not have a significant economic impact on a substantial number of 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 the areas off San 
Francisco, CA 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 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

[[Page 59965]]

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 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, 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; 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 Sec.  165.T11-359 to read as follows:


Sec.  165.T11-359  Safety zone; Monte Foundation Firework Display, 
Santa Cruz, CA

    (a) Location. This temporary safety zone is established for the 
waters of Seacliff State Beach, in Monterey Bay, off of Santa Cruz, CA. 
The fireworks launch site will be located in position 36[deg]58'11.20'' 
N, 121[deg]54'36.79'' W (NAD 83). From 7 a.m. through 8:44 p.m., and 
from 9:06 p.m. until 9:30 p.m. on October 8, 2010, the temporary safety 
zone applies to the navigable waters around the fireworks site within a 
radius of 100 feet. From 8:45 p.m. until 9:05 p.m. the area to which 
the temporary safety zone applies will increase in size to encompass 
the navigable waters around the fireworks site within a radius of 1,000 
feet.
    (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 on a Coast Guard 
vessel or a Federal, State, or 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 
of this title, 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 zone on VHF-16 or through 
the 24-hour Command Center at telephone 415-399-3547.
    (d) Effective period. This section is effective from 7 a.m. through 
9:30 p.m. on October 8, 2010.


[[Page 59966]]


    Dated: September 15, 2010.
C.L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2010-24364 Filed 9-28-10; 8:45 am]
BILLING CODE 9110-04-P