[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Rules and Regulations]
[Pages 36819-36821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16185]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0603]
RIN 1625-AA00
Safety Zone; Homewood Wedding Fireworks Display, Lake Tahoe,
Homewood, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of McKinney Bay in Lake Tahoe in support of the
Homewood Wedding Fireworks Display on August 2, 2019. This safety zone
is necessary to protect personnel, vessels, and the marine environment
from the dangers associated with 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 San Francisco or a designated representative.
DATES: This rule is effective from 7 a.m. to 10:12 p.m. on August 2,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0603 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
[[Page 36820]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Jennae Cotton, Waterways
Management, U.S. Coast Guard; telephone (415) 399-3585, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port San Francisco
CFR Code of Federal Regulations
DHS Department of Homeland Security
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 with
respect to this rule because it is impracticable. It is impracticable
because the Coast Guard did not receive final details for this event
until July 16, 2019 and lacks sufficient time to provide a reasonable
comment period and consider those comments before issuing the rule.
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. Delaying the effective date of
this rule would be impractical because the Coast Guard learned of the
Homewood Wedding Fireworks Display with insufficient time to allow for
a delayed effective date.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco (COTP) has determined that potential hazards associated with
the Homewood Wedding Fireworks Display on August 2, 2019, will be a
safety concern for anyone within a 100-foot radius of the fireworks
barge during loading and staging and anyone within a 280-foot radius of
the fireworks barge starting 30 minutes before the fireworks display is
scheduled to commence and ending 30 minutes after the conclusion of the
fireworks display. For this reason, a safety zone is needed to protect
personnel, vessels, and the marine environment in the navigable waters
around the fireworks barge during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. until 10:12 p.m. on
August 2, 2019 during the loading and staging of the fireworks barge in
McKinney Bay in Lake Tahoe, until 30 minutes after completion of the
fireworks display. From 7 a.m. to 9 p.m. on August 2, 2019, during the
loading and staging of the fireworks barge until 30 minutes prior to
the start of the fireworks display, the safety zone will encompass the
navigable waters around and under the fireworks barge, from surface to
bottom, within a circle formed by connecting all points 100 feet out
from the fireworks barge. Loading the pyrotechnics onto the fireworks
barge is scheduled from 7 a.m. to 9 a.m. on August 2, 2019, at the
display location in McKinney Bay, where the fireworks barge will remain
until the conclusion of the fireworks display.
At 9 p.m. on August 2, 2019, 30 minutes prior to the commencement
of the 12-minute Homewood Wedding Fireworks Display, the safety zone
will increase in size and encompass the navigable waters around and
under the fireworks barge, from surface to bottom, within a circle
formed by connecting all points 280 feet from the circle center at
approximate position 39[deg]05'11.9'' N, 120[deg]09'17.2'' W (NAD 83).
The safety zone will terminate at 10:12 p.m. on August 2, 2019.
The effect of the safety zone is to restrict navigation in the
vicinity of the fireworks loading, staging, and firing site. Except for
persons or vessels authorized by the COTP or the COTP's designated
representative, no person or vessel may enter or remain in the
restricted areas. These regulations are needed to keep spectators and
vessels away from the immediate vicinity of the fireworks firing site
to ensure the safety of participants, spectators, and transiting
vessels.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size, limited
duration, and narrowly tailored geographic area of the safety zone.
This safety zone impacts a 280-foot radius area of McKinney Bay in Lake
Tahoe for a limited duration of 15 hours and 12 minutes. The vessels
desiring to transit through or around the safety zone may do so upon
express permission from the COPT or the COTP's designated
representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
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 concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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
[[Page 36821]]
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and U.S. Coast Guard Environmental Planning Policy,
COMDTINST 5090.1, which guide the Coast Guard in complying with the
National Environmental Policy Act of 1969 (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. It is categorically excluded from further review under
paragraph L60(a) in Table 3-1 of Department of Homeland Security
Directive 023-01. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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: 46 U.S.C 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T11-988 to read as follows:
Sec. 165.T11-988 Safety Zone; Homewood Wedding Fireworks Display,
Lake Tahoe, Homewood, CA.
(a) Location. The following area is a safety zone: All navigable
waters of Lake Tahoe, from surface to bottom, within a circle formed by
connecting all points 100 feet out from the fireworks barge during the
loading and staging at the display location in McKinney Bay. Between 9
p.m. and 10:12 p.m. on August 2, 2019, the safety zone will expand to
all navigable waters, from surface to bottom, within a circle formed by
connecting all points 280 feet out from the fireworks barge in
approximate position 39[deg]05'11.9'' N, 120[deg]09'17.2'' W (NAD 83)
(NAD 83).
(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 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 safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section 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 designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zones on VHF-23A or through the 24-hour Command Center at
telephone (415) 399-3547.
(d) Enforcement period. The safety zone will be enforced from 7
a.m. through 10:12 p.m. on August 2, 2019. The COTP or the COTP's
designated representative will notify the maritime community of periods
during which this zone will be enforced in accordance with Sec. 165.7.
Dated: July 23, 2019.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2019-16185 Filed 7-29-19; 8:45 am]
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