Safety Zones; Lake Tahoe Independence Day Celebration, Lake Tahoe, CA and Lake Tahoe, NV, 34627-34630 [E7-12281]
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Federal Register / Vol. 72, No. 121 / Monday, June 25, 2007 / Rules and Regulations
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.
I 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
1. The authority citation for part 165
continues to read as follows:
I
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.
2. Add temporary § 165.35–T11–200
to read as follows:
I
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§ 165.35–T11–200 Safety Zones; Lake
Tahoe Fireworks Display, Lake Tahoe, CA.
(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
barges, during the transit of the
fireworks barges to the display location,
and until fifteen minutes prior to the
start of the fireworks display, the safety
zone will encompass the navigable
waters around and under the fireworks
barges within a radius of 100 feet.
During the fifteen minutes preceding the
fireworks display and during the
fireworks display, the safety zones will
increase in size to encompass the
navigable waters around and under the
fireworks launch barge within a radius
of 1,000 feet.
(1) Loading of the first pyrotechnics
onto the fireworks barge is scheduled to
commence at 8 a.m. on July 2, 2007, and
will take place at Obexer’s Boat
Company, Homewood, California.
Towing of the barge from Obexer’s Boat
Company to the display location is
scheduled to take place between 9 a.m.
and 11 a.m. on July 3, 2007. During the
fireworks display, scheduled to
commence at approximately 9:30 p.m.
on July 3, 2007, the fireworks barge will
be located approximately 600–700 feet
off of the shore line of King’s Beach in
position 39°14′00″ N, 120°01′50″ W.
(2) Loading of the second
pyrotechnics onto the fireworks barge is
scheduled to commence at 8 a.m. on
July 4, 2007, and will take place at
Obexer’s Boat Company, Homewood,
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Jkt 211001
California. Towing of the barge from
Obexer’s Boat Company to the display
location is scheduled to take place
between 9 a.m. and 2 p.m. on July 4,
2007. During the fireworks display,
scheduled to commence at
approximately 9:30 p.m. on July 4, 2007,
the fireworks barge will be located
approximately 600–700 feet off of the
shore line of Tahoe City in position
39°10′00″ N, 120°08′00″ W.
(3) Loading of the third pyrotechnics
onto the fireworks barge is scheduled to
commence at 8 a.m. on July 5, 2007, and
will take place at Obexer’s Boat
Company, Homewood, California.
Towing of the barge from Obexer’s Boat
Company to the display location is
scheduled to take place between 9 a.m.
and 2 p.m. on July 5, 2007. During the
fireworks display, scheduled to
commence at approximately 9:30 p.m.
on July 5, 2007, the fireworks barge will
be located approximately 600–700 feet
off of the shore line of Homewood near
´
Westshore Cafe in McKinney Bay in
position 39°05′00″ N, 120°09′00″ W.
(b) Effective period. This section is
effective from 8 a.m. on July 2, 2007,
through 10 p.m. on July 5, 2007. If the
event concludes prior to the scheduled
termination time, the Coast Guard will
cease enforcement of the safety zone
and will announce that fact via
Broadcast Notice to Mariners.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, entry into, transit through, or
anchoring within this safety zone 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 11, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. E7–12139 Filed 6–22–07; 8:45 am]
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34627
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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.
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Federal Register / Vol. 72, No. 121 / Monday, June 25, 2007 / Rules and Regulations
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.
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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°14′06″ N,
119°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.
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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°57′56″ N, 119°57′21″ 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°05′23″ N, 119°56′39″
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
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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
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Federal Register / Vol. 72, No. 121 / Monday, June 25, 2007 / Rules and Regulations
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.
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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
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34629
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.
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.
Energy Effects
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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.
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List of Subjects in 33 CFR Part 165
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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.
2. Add temporary § 165.35–T11–204
to read as follows:
I
§ 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°14′06″ N,
119°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.
(2) The second fireworks show is in
the waters of South Lake Tahoe.
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Federal Register / Vol. 72, No. 121 / Monday, June 25, 2007 / Rules and Regulations
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°57′56″ N, 119°57′21″ 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°05′23″ N, 119°56′39″
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 § 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
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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
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket No. FEMA–7979]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
ADDRESSES: If you want to determine
whether a particular community was
suspended on the suspension date,
contact the appropriate FEMA Regional
Office.
FOR FURTHER INFORMATION CONTACT:
David Stearrett, Mitigation Directorate,
Federal Emergency Management
Agency, 500 C Street, SW., Washington,
DC 20472, (202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
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Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59. Accordingly, the communities will
be suspended on the effective date in
the third column. As of that date, flood
insurance will no longer be available in
the community. However, some of these
communities may adopt and submit the
required documentation of legally
enforceable floodplain management
measures after this rule is published but
prior to the actual suspension date.
These communities will not be
suspended and will continue their
eligibility for the sale of insurance. A
notice withdrawing the suspension of
the communities will be published in
the Federal Register.
In addition, FEMA has identified the
Special Flood Hazard Areas (SFHAs) in
these communities by publishing a
Flood Insurance Rate Map (FIRM). The
date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may legally be provided for
construction or acquisition of buildings
in identified SFHAs for communities
not participating in the NFIP and
identified for more than a year, on
FEMA’s initial flood insurance map of
the community as having flood-prone
areas (section 202(a) of the Flood
Disaster Protection Act of 1973, 42
U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment under 5 U.S.C. 553(b)
are impracticable and unnecessary
because communities listed in this final
rule have been adequately notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
E:\FR\FM\25JNR1.SGM
25JNR1
]]>Agencies
[Federal Register Volume 72, Number 121 (Monday, June 25, 2007)]
[Rules and Regulations]
[Pages 34627-34630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12281]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
