Safety Zone; Independence Day Fireworks Celebration for the City of Half Moon Bay, Half Moon Bay, CA, 37641-37643 [2011-16092]
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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
otherwise) creates a substantial risk of
injury to the public.
(b) Hand-supported hair dryer means
an electrical appliance, intended to be
held with one hand during use, which
creates a flow of air over or through a
self-contained heating element for the
purpose of drying hair.
DEPARTMENT OF HOMELAND
SECURITY
§ 1120.3 Products deemed to be
substantial product hazards.
Safety Zone; Independence Day
Fireworks Celebration for the City of
Half Moon Bay, Half Moon Bay, CA
The following products or class of
products shall be deemed to be
substantial product hazards under
section 15(a)(2) of the CPSA:
(a) Hand-supported hair dryers that
do not provide integral immersion
protection in compliance with the
requirements of section 5 of
Underwriters Laboratories (UL)
Standard for Safety for Household
Electric Personal Grooming Appliances,
UL 859, 10th Edition, approved August
30, 2002, and revised through June 3,
2010, or section 6 of UL Standard for
Safety for Commercial Electric Personal
Grooming Appliances, UL 1727, 4th
Edition, approved March 25, 1999, and
revised through June 25, 2010. The
Director of the Federal Register
approves these incorporations by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may
obtain a copy from UL, Inc., 333
Pfingsten Road, Northbrook, IL 60062;
telephone 888–853–3503; https://
www.comm-2000.com . You may
inspect a copy at the Office of the
Secretary, U.S. Consumer Product
Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD
20814, telephone 301–504–7923, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(b) [Reserved]
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0396]
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of Half Moon Bay,
off of Pillar Point Harbor beach, Half
Moon Bay, CA in support of the
Independence Day Fireworks
Celebration for the City of Half Moon
Bay. 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.
SUMMARY:
This rule is effective from
11 a.m. through 9:50 p.m. on July 4,
2011.
DATES:
[FR Doc. 2011–15981 Filed 6–27–11; 8:45 am]
WReier-Aviles on DSKGBLS3C1PROD with RULES
Dated: June 22, 2011.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0396 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0396 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Lieutenant Junior Grade Liezl
Nicholas at (415) 399–7442, or e-mail
D11-PF-MarineEvents@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
BILLING CODE 6355–01–P
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
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ADDRESSES:
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37641
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 these
fireworks displays, the safety zones are
necessary to provide for the safety of
event participants, spectators, spectator
craft, and other vessels transiting the
event area. For the safety concerns
noted, it is in the public interest to have
these regulations in effect during the
event.
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
American Legion Post 474 will
sponsor the Independence Day
Fireworks Celebration for the City of
Half Moon Bay on July 4, 2011, on the
navigable waters of Half Moon Bay, off
of Pillar Point Harbor beach, Half Moon
Bay, CA. The fireworks display is meant
for entertainment purposes. This safety
zone establishes a temporary 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 over the water.
The Coast Guard has granted the event
sponsor a marine event permit for the
fireworks display.
Discussion of Rule
From 11 a.m. until 9:30 p.m. on July
4, 2011, the temporary safety zone will
extend 100 feet while pyrotechnics are
loaded and maintained at the Pillar
Point Harbor beach at position
37°30′03.02″ N, 122°28′24.86″ W (NAD
83). The fireworks display will occur
from 9:30 p.m. to 9:50 p.m., during
which the safety zone will extend 600
feet from position 37°30′03.02″ N,
122°28′24.86″ W (NAD 83). At 9:50
p.m., the safety zone shall terminate.
The effect of the temporary safety
zone will be to restrict navigation in the
vicinity of the fireworks site while the
fireworks are set up, and until the
conclusion of the scheduled display.
Except for persons or vessels authorized
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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
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
launch site 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.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Executive Order 12866 and Executive
Order 13563
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, 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. The entities most likely to
be affected are pleasure craft engaged in
recreational activities. In addition, the
rule will only restrict access for a
limited time. Finally, the Public
Broadcast Notice to Mariners will notify
the users of local waterway to ensure
that the safety zone will result in
minimum impact.
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.
Although this rule may affect owners
and operators of pleasure craft engaged
in recreational activities and
sightseeing, it will not have a significant
economic impact on a substantial
number of small entities for several
reasons: (i) This rule will encompass
only a small portion of the waterway for
a limited period of time; (ii) vessel
traffic can pass safely around the area;
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(iii) vessels engaged in recreational
activities and sightseeing have ample
space outside of the affected areas of
Half Moon Bay, CA to engage in these
activities; and (iv) the maritime public
will be advised in advance of this safety
zone via Broadcast Notice to Mariners.
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.
Assistance for Small Entities
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.
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 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.
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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
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
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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
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, paragraphs
(34)(g) and (35)(b), 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
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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T11–418 to
read as follows:
WReier-Aviles on DSKGBLS3C1PROD with RULES
■
a.m. until 9:30 p.m. on July 4, 2011, the
temporary safety zone will extend 100
feet while pyrotechnics are loaded and
maintained at Pillar Point Harbor beach
at position 37°30′03.02″ N,
122°28′24.86″ W (NAD 83). The
fireworks display will occur from 9:30
p.m. to 9:50 p.m. during which the
safety zone will extend 600 feet from
position 37°30′03.02″ N, 122°28′24.86″
W (NAD 83). At 9:50 p.m., the safety
zone shall terminate.
(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 § 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 a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or the designated
representative. Persons and vessels may
request permission to enter the safety
zones on VHF–16 or through the 24hour Command Center at telephone
(415) 399–3547.
(d) Effective period. This section is
effective from 11 a.m. through 9:50 p.m.
on July 4, 2011.
Dated: June 16, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2011–16092 Filed 6–27–11; 8:45 am]
BILLING CODE 9110–04–P
§ 165.T11–418 Safety Zone; Independence
Day Fireworks Celebration for the City of
Half Moon Bay, Half Moon Bay, CA
(a) Location. This temporary safety
zone is established for the navigable
waters of Half Moon Bay, off of Pillar
Point Harbor beach, Half Moon Bay, CA.
The fireworks launch site will be
located in position: 37°30′03.02″ N,
122°28′24.86″ W (NAD 83). From 11
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Docket No. USCG–2011–0395]
RIN 1625–AA00
Safety Zone; Delta Independence Day
Foundation Celebration, Mandeville
Island, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters off the North
Eastern shoreline of Mandeville Island,
Mandeville Island, California in support
of the Delta Independence Day
Fireworks Foundation Celebration. This
temporary 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 10
a.m. on July 3, 2011 through 10 p.m. on
July 4, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0395 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0395 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Lieutenant Junior
Grade Liezl Nicholas, U.S. Coast Guard
Sector San Francisco; telephone 415–
399–7443, e-mail D11–PF–
MarineEvents@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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)
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]]>Agencies
[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Rules and Regulations]
[Pages 37641-37643]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16092]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0396]
RIN 1625-AA00
Safety Zone; Independence Day Fireworks Celebration for the City
of Half Moon Bay, Half Moon Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Half Moon Bay, off of Pillar Point Harbor beach,
Half Moon Bay, CA in support of the Independence Day Fireworks
Celebration for the City of Half Moon Bay. 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 11 a.m. through 9:50 p.m. on July 4,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0396 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0396 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Junior Grade Liezl Nicholas at (415)
399-7442, or e-mail D11-PF-MarineEvents@uscg.mil. 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 these fireworks displays, the safety zones are
necessary to provide for the safety of event participants, spectators,
spectator craft, and other vessels transiting the event area. For the
safety concerns noted, it is in the public interest to have these
regulations in effect during the event.
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
American Legion Post 474 will sponsor the Independence Day
Fireworks Celebration for the City of Half Moon Bay on July 4, 2011, on
the navigable waters of Half Moon Bay, off of Pillar Point Harbor
beach, Half Moon Bay, CA. The fireworks display is meant for
entertainment purposes. This safety zone establishes a temporary
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 over the water. The
Coast Guard has granted the event sponsor a marine event permit for the
fireworks display.
Discussion of Rule
From 11 a.m. until 9:30 p.m. on July 4, 2011, the temporary safety
zone will extend 100 feet while pyrotechnics are loaded and maintained
at the Pillar Point Harbor beach at position 37[deg]30'03.02'' N,
122[deg]28'24.86'' W (NAD 83). The fireworks display will occur from
9:30 p.m. to 9:50 p.m., during which the safety zone will extend 600
feet from position 37[deg]30'03.02'' N, 122[deg]28'24.86'' W (NAD 83).
At 9:50 p.m., the safety zone shall terminate.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the fireworks site while the fireworks
are set up, and until the conclusion of the scheduled display. Except
for persons or vessels authorized
[[Page 37642]]
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 launch site 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.
Executive Order 12866 and Executive Order 13563
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, 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. The
entities most likely to be affected are pleasure craft engaged in
recreational activities. In addition, the rule will only restrict
access for a limited time. Finally, the Public Broadcast Notice to
Mariners will notify the users of local waterway to ensure that the
safety zone will result in minimum impact.
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.
Although this rule may affect owners and operators of pleasure
craft engaged in recreational activities and sightseeing, it will not
have a significant economic impact on a substantial number of small
entities for several reasons: (i) This rule will encompass only a small
portion of the waterway for a limited period of time; (ii) vessel
traffic can pass safely around the area; (iii) vessels engaged in
recreational activities and sightseeing have ample space outside of the
affected areas of Half Moon Bay, CA to engage in these activities; 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 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are
[[Page 37643]]
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, paragraphs (34)(g)
and (35)(b), 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T11-418 to read as follows:
Sec. 165.T11-418 Safety Zone; Independence Day Fireworks Celebration
for the City of Half Moon Bay, Half Moon Bay, CA
(a) Location. This temporary safety zone is established for the
navigable waters of Half Moon Bay, off of Pillar Point Harbor beach,
Half Moon Bay, CA. The fireworks launch site will be located in
position: 37[deg]30'03.02'' N, 122[deg]28'24.86'' W (NAD 83). From 11
a.m. until 9:30 p.m. on July 4, 2011, the temporary safety zone will
extend 100 feet while pyrotechnics are loaded and maintained at Pillar
Point Harbor beach at position 37[deg]30'03.02'' N, 122[deg]28'24.86''
W (NAD 83). The fireworks display will occur from 9:30 p.m. to 9:50
p.m. during which the safety zone will extend 600 feet from position
37[deg]30'03.02'' N, 122[deg]28'24.86'' W (NAD 83). At 9:50 p.m., the
safety zone shall terminate.
(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 a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the designated representative. Persons and vessels
may request permission to enter the safety zones on VHF-16 or through
the 24-hour Command Center at telephone (415) 399-3547.
(d) Effective period. This section is effective from 11 a.m.
through 9:50 p.m. on July 4, 2011.
Dated: June 16, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2011-16092 Filed 6-27-11; 8:45 am]
BILLING CODE 9110-04-P
