[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Rules and Regulations]
[Pages 61259-61261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25545]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0805]
RIN 1625-AA00


Safety Zone; Monte Foundation Fireworks Extravaganza, Aptos, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
specified navigable waters near Seacliff State Beach Pier in Aptos, 
California in support of the Monte Foundation Fireworks Extravaganza. 
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 9 p.m. through 10 p.m. on October 7, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0805 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-2011-0805 
in the Docket ID box, pressing Enter, and then clicking 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 Ensign William Hawn, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-7442 or e-mail 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 (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, spectators, 
spectator craft, and other vessels transiting the event area. For the 
safety concerns noted, it is impracticable to publish an NPRM prior to 
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. Due to the need for immediate 
action, the safety zone is necessary to protect life, property and the 
environment; therefore, a 30-day notice is impracticable. Delaying the 
effective date would be contrary to the safety zone's intended 
objectives of protecting persons and vessels involved in the event, and 
enhancing public and maritime safety.

Basis and Purpose

    Rudolph F. Monte Foundation will sponsor the Monte Foundation 
Fireworks Extravaganza on October 7, 2011, in the navigable waters 
around Seacliff State Beach Pier near Aptos, CA. During the fireworks 
display the safety zone will extend to 1,000 feet around the pier 
located at position 36[deg]58'11.2'' N, 121[deg]54'36.79'' W (NAD 83). 
The fireworks display is meant for entertainment purposes. This safety 
zone is issued to establish a temporary

[[Page 61260]]

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. The Coast Guard has 
granted the event sponsor a marine event permit for the fireworks 
display.

Discussion of Rule

    The fireworks display will occur from 9 p.m. until 9:25 p.m. on 
October 7, 2011, during which the safety zone will extend 1,000 feet 
from the nearest point of the pier at position 36[deg]58'11.2'' N, 
121[deg]54'36.79'' W (NAD 83). At 10 p.m. on October 7, 2011 the safety 
zone shall terminate.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the fireworks site 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 from the fireworks display 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, 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 that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders.
    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 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

[[Page 61261]]

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.

    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.T11-437 to read as follows:


Sec.  165.T11-437  Safety zone; Monte Foundation Fireworks 
Extravaganza, Aptos, CA.

    (a) Location. This temporary safety zone is established for the 
waters around Seacliff State Beach Pier near Aptos, CA. The fireworks 
launch site will be located at position 36[deg]58'11.2'' N, 
121[deg]54'36.79'' W (NAD 83). The temporary safety zone applies to the 
nearest point of the Seacliff State Beach Pier at position 
36[deg]58'11.2'' N, 121[deg]54'36.79'' W (NAD 83). From 9 p.m. until 10 
p.m. on October 7, 2011, the area to which the temporary safety zone 
applies will encompass the navigable waters around the pier 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 33 CFR part 
165, subpart C, 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 a designated representative. Persons and vessels 
may request permission to enter the safety zone on VHF-16 or through 
the 24-hour Command Center at (415) 399-3547.
    (d) Effective period. This section is effective from 9 p.m. through 
10 p.m. on October 7, 2011.

    Dated: September 21, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2011-25545 Filed 10-3-11; 8:45 am]
BILLING CODE 9110-04-P