[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Rules and Regulations]
[Pages 37009-37012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15795]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0398]
RIN 1625-AA00


Safety Zone; Jameson Beach Fourth of July Fireworks Display

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 South Lake Tahoe, for the Jameson Beach Fourth of 
July Fireworks Display. This safety zone is established to ensure the 
safety of the 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 a designated 
representative.

DATES: This rule is effective from 9 a.m. on July 3, 2011 through 10:15 
p.m. on July 4, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0398 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2011-0398 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. 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 Lieutenant Junior Grade Liezl Nicholas, 
U.S. Coast Guard Sector San Francisco, at (415) 399-7436 or at [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

[[Page 37010]]

(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 
this fireworks display, the safety zone is 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.
    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

    Document Systems Inc. will sponsor a fireworks display on July 4, 
2011 in the waters of South Lake Tahoe. The fireworks display is meant 
for entertainment purposes. This safety zone is issued to establish a 
temporary restricted area off of Jameson Beach in South Lake Tahoe, 
California while the pyrotechnics are being loaded on the pyrotechnics 
barge, transited to the launch location and during the fireworks 
display. This restricted area around the launch barge 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

    The Coast Guard is establishing a temporary safety zone in the 
navigable waters of South Lake Tahoe. During the loading of the 
fireworks barge, while the barge is towed to the display location, and 
until the start of the fireworks display, the temporary safety zone 
applies to the navigable waters around and under the fireworks barge 
within a radius of 100 feet. Loading of the pyrotechnics onto the 
fireworks barge is scheduled to commence at 9 a.m. on July 3, 2011, and 
will take place at the Tahoe Keys Marina in South Lake Tahoe, 
California. Towing of the barge from the Marina to the display location 
is scheduled to take place at 9 a.m. on July 4, 2011. From 9:45 p.m. 
until 10 p.m. on July 4, 2011 the area to which the temporary safety 
zone applies will increase in size to encompass the navigable waters 
around and under the fireworks barge within a radius of 1,000 feet. 
During the fireworks display, scheduled to commence at approximately 
9:45 p.m. on July 4, 2011, the fireworks barge will be located in 
position 38[deg] 56'24.89'' N, 120[deg] 02'07.37'' W (NAD 83). The 
fireworks display is scheduled to last approximately fifteen minutes.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the fireworks barge while the fireworks 
are loaded, during the transit of the fireworks barge, 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 a safe distance away from 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 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 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 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 
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

[[Page 37011]]

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 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 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, from further environmental documentation. 
This rule involves establishing a temporary 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, 3306, 
3703; 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.T11-423 to read as follows:


Sec.  165.T11-423  Safety Zone; Jameson Beach Fourth of July Fireworks 
Display.

    (a) Location. This temporary safety zone is established for the 
specified waters of Lake Tahoe.
    (1) Loading of the pyrotechnics onto the fireworks barge will take 
place at 9 a.m. at Tahoe Keys Marina in South Lake Tahoe, CA, on July 
3, 2011.
    (2) Towing of the barge from the pier to the display location is 
scheduled to take place at 9 a.m. on July 4, 2011.
    (3) During the fireworks display, scheduled to commence at 
approximately 9:45 p.m. on July 4, 2011, the fireworks barge will be 
located approximately 1,000 feet off of Jameson Beach in South Lake 
Tahoe, CA in position 38[deg] 56'24.89'' N, 120[deg] 02'07.37'' W (NAD 
83).
    (4) During the loading of the fireworks barge, while the barge is 
towed to the display location, and until the start of the fireworks 
display, the temporary safety zone applies to the navigable waters 
around and under the fireworks barge within a radius of 100 feet. From 
9:45 p.m. until 10 p.m. on July 4, 2011, the area to which the 
temporary safety zone applies will increase in size to encompass the 
navigable waters around and under the fireworks barge 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 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 the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's 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 COTP's

[[Page 37012]]

designated representative. Persons and vessels may request permission 
to enter the safety zone on VHF-16 or the 24-hour Command Center via 
telephone at (415) 399-3547.
    (d) Effective period. This section is effective from 9 a.m. on July 
3, 2011 through 10:15 p.m. on July 4, 2011.

    Dated: June 9, 2011.
Cynthia. L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2011-15795 Filed 6-23-11; 8:45 am]
BILLING CODE 9110-04-P