Safety Zone; Sausalito Yacht Club's Annual Lighted Boat Parade and Fireworks Display, Sausalito, CA, 77125-77128 [2011-31707]
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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations
designated representatives, or an onscene representative.
(v) The Captain of the Port, Sector
Lake Michigan, may further designate
an ‘‘on-scene’’ representative. The
Captain of the Port, Sector Lake
Michigan, or the on-scene representative
may be contacted via VHF–FM radio
Channel 16 or through the Coast Guard
Sector Lake Michigan Command Center
at (414) 747–7182.
(b) Regulated Navigation Area. (1)
The following is a regulated navigation
area (RNA): All waters of the Chicago
Sanitary and Ship Canal, Romeoville, IL
located between mile marker 295.5 and
mile marker 297.2.
(2) Regulations.
(i) The general regulations contained
in 33 CFR 165.13 apply.
(ii) Vessels that comply with the
following restrictions are permitted to
transit the RNA:
(A) All up-bound and down-bound
barge tows that consist of barges
carrying flammable liquid cargos (Grade
A through C, flashpoint below 140
degrees Fahrenheit, or heated to within
15 degrees Fahrenheit of flash point)
must engage the services of a bow boat
at all times until the entire tow is clear
of the RNA.
(B) Vessels engaged in commercial
service, as defined in 46 U.S.C. 2101(5),
may not pass (meet or overtake) in the
RNA and must make a SECURITE call
when approaching the RNA to
announce intentions and work out
passing arrangements.
(C) Commercial tows transiting the
RNA must be made up with only wire
rope to ensure electrical connectivity
between all segments of the tow.
(D) All vessels are prohibited from
loitering in the RNA.
(E) Vessels may enter the RNA for the
sole purpose of transiting to the other
side and must maintain headway
throughout the transit. All vessels and
persons are prohibited from dredging,
laying cable, dragging, fishing,
conducting salvage operations, or any
other activity, which could disturb the
bottom of the RNA.
(F) Except for law enforcement and
emergency response personnel, all
personnel on vessels transiting the RNA
should remain inside the cabin, or as
inboard as practicable. If personnel
must be on open decks, they must wear
a Coast Guard approved personal
flotation device.
(G) Vessels may not moor or lay up on
the right or left descending banks of the
RNA.
(H) Towboats may not make or break
tows if any portion of the towboat or
tow is located in the RNA.
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(I) Persons on board any vessel
transiting this RNA in accordance with
this rule or otherwise are advised they
do so at their own risk.
(c) Definitions. The following
definitions apply to this section:
Bow boat means a towing vessel
capable of providing positive control of
the bow of a tow containing one or more
barges, while transiting the RNA. The
bow boat must be capable of preventing
a tow containing one or more barges
from coming into contact with the shore
and other moored vessels.
Designated representative means the
Captain of the Port Lake Michigan and
Commanding Officer, Marine Safety
Unit Chicago.
On-scene representative means any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port, Sector Lake
Michigan, to act on his or her behalf.
The on-scene representative of the
Captain of the Port, Sector Lake
Michigan, will be aboard a Coast Guard,
Coast Guard Auxiliary, or other
designated vessel or will be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer.
Vessel means every description of
watercraft or other artificial contrivance
used, or capable or being used, as a
means of transportation on water. This
definition includes, but is not limited
to, barges.
(d) Compliance. All persons and
vessels must comply with this section
and any additional instructions or
orders of the Coast Guard’s Ninth
District Commander or his or her
designated representatives. Any person
on board any vessel transiting this RNA
in accordance with this rule or
otherwise does so at his or her own risk.
(e) Waiver. For any vessel, the Coast
Guard’s Ninth Coast Commander or his
or her designated representatives may
waive any of the requirements of this
section, upon finding that operational
conditions or other circumstances are
such that application of this section is
unnecessary or impractical for the
purposes of vessel and mariner safety.
Dated: December 1, 2011.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2011–31706 Filed 12–9–11; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0970]
RIN 1625–AA00
Safety Zone; Sausalito Yacht Club’s
Annual Lighted Boat Parade and
Fireworks Display, Sausalito, CA
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the San
Francisco Bay near Sausalito, California
in support of the Sausalito Yacht Club’s
Annual Lighted Boat Parade and
Fireworks Display. This temporary
safety zone is established to ensure the
safety of participants and spectators
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 or their
designated representative.
DATES: This rule is effective from
11 a.m. through 8:05 p.m. on December
10, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0970 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2011–0970 in the Docket ID box,
pressing Enter, and then clicking the
item in the Docket ID column. They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Ensign William
Hawn, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7442 or
email at D11-PFMarineEvents@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations
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 it
would be impracticable to delay this
rule because the event would occur
before the rulemaking process would be
completed. Because of the dangers
posed by the pyrotechnics used in this
fireworks display, the safety zone is
necessary to provide for the safety of
event participants, spectators, spectator
craft, and other vessels transiting the
event area. For the safety concerns
noted, it is 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.
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Basis and Purpose
Sausalito on-the-Waterfront
Foundation will sponsor the Sausalito
Yacht Club’s Annual Lighted Boat
Parade and Fireworks Display on
December 10, 2011 in the navigable
waters of the San Francisco Bay off of
Sausalito, California. This safety zone
establishes a temporary restricted area
on the waters 100 feet around the
fireworks barge during the loading of
the barge and transit of the barge to the
launch site. During the fireworks
display the safety zone will extend to
560 feet around the launch site. The
fireworks display is meant for
entertainment purposes. This safety
zone is issued to establish a temporary
restricted area on the waters
surrounding the fireworks barge during
the loading, transit, and display of the
fireworks. This restricted area around
the launch site is necessary to protect
spectators, vessels, and other property
from the hazards associated with
pyrotechnics. The Coast Guard has
granted the event sponsor a marine
event permit for the fireworks display.
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Discussion of Rule
From 11 a.m. until 3 p.m. on
December 10, 2011, pyrotechnics will be
loaded onto a barge at Pier 50 near
position 37°46′28″ N, 122°23′06″ W
(NAD 83). From 5:30 p.m. until 7 p.m.
the loaded barge will transit from Pier
50 to the launch site located at position
37°51′30.92″ N, 122°28′27.97″ W (NAD
83). The temporary safety zone will
extend 100 feet from the nearest point
of the barge during the loading, transit,
and arrival of the pyrotechnics from Pier
50 to position 37°51′30.92″ N,
122°28′27.97″ W (NAD 83). The
fireworks display is scheduled to occur
from 7:45 p.m. until 7:55 p.m. on
December 10, 2011, during which the
safety zone will extend 560 feet from the
nearest point of the barge at position
37°51′30.92″ N, 122°28′27.97″ W (NAD
83). At 8:05 p.m. on December 10, 2011
the safety zone shall terminate.
The effect of the temporary safety
zone will be to restrict navigation in the
vicinity of the fireworks site until the
conclusion of the scheduled display.
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the restricted area. These regulations
are needed to keep spectators and
vessels a safe distance from the
fireworks display to ensure the safety of
participants, spectators, and transiting
vessels.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes and
executive orders.
Regulatory Planning and Review
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders.
Although this rule restricts access to
the waters encompassed by the safety
zone, the effect of this rule will not be
significant because the local waterway
users will be notified via public
Broadcast Notice to Mariners to ensure
the safety zone will result in minimum
impact. The entities most likely to be
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affected are pleasure craft engaged in
recreational activities.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule may affect owners and
operators of pleasure craft engaged in
recreational activities and sightseeing.
This rule will not have a significant
economic impact on a substantial
number of small entities for several
reasons: (i) Vessel traffic can pass safely
around the area, (ii) vessels engaged in
recreational activities and sightseeing
have ample space outside of the effected
portion of the areas off San Francisco,
CA to engage in these activities, (iii) this
rule will encompass only a small
portion of the waterway for a limited
period of time, and (iv) the maritime
public will be advised in advance of this
safety zone via Broadcast Notice to
Mariners.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–(888) 734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
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Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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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.
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Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary safety
zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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77127
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; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T11–458 to
read as follows:
■
§ 165.T11–458 Safety zone; Sausalito
Yacht Club’s Annual Lighted Boat Parade
and Fireworks Display, Sausalito, CA.
(a) Location. This temporary safety
zone is established for the specified
waters in San Francisco Bay near
Sausalito, California. The temporary
safety zone applies to the nearest point
of the barge during the loading, transit,
and arrival of the pyrotechnics from Pier
50, San Francisco, California to the
fireworks launch site located at position
37°51′30.92″ N, 122°28′27.97″ W (NAD
83). From 11 a.m. until 3 p.m. on
December 10, 2011, pyrotechnics will be
loaded onto a barge at Pier 50 near
position 37°46′28″ N, 122°23′06″ W
(NAD 83). From 5:30 p.m. until 7 p.m.
the loaded barge will transit from Pier
50 to the launch site located at position
37°51′30.92″ N, 122°28′27.97″ W (NAD
83). The temporary safety zone will
extend 100 feet from the nearest point
of the barge during the loading, transit,
and arrival of the pyrotechnics from Pier
50 to position 37°51′30.92″ N,
122°28′27.97″ W (NAD 83). From 7:45
p.m. until 8:05 p.m. on December 10,
2011, the area to which the temporary
safety zone applies will increase in size
to encompass the navigable waters
around the fireworks site within a
radius of 560 feet.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the Captain of the Port San
Francisco (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) Under the general
regulations in 33 CFR part 165, subpart
C, entry into, transiting, or anchoring
within this safety zone is prohibited
unless authorized by the COTP or the
COTP’s designated representative.
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(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zone on VHF–16 or through the 24-hour
Command Center at telephone (415)
399–3547.
(d) Effective period. This section is
effective from 11 a.m. through 8:05 p.m.
on December 10, 2011.
Dated: November 21, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2011–31707 Filed 12–9–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 126
[Docket No. USCG–2011–0966]
You may submit comments
identified by docket number USCG–
2011–0966 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is (202) 366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, email
or call Mr. Brian T. Ellis, Coast Guard
Marine Safety Center; email
brian.t.ellis@uscg.mil, telephone (202)
475–5636. If you have questions on
viewing or submitting material to the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
RIN 1625–AB82
Table of Contents for Preamble
Alternate Tonnage Threshold for Oil
Spill Response Vessels
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Regulatory History
IV. Basis and Purpose
V. Discussion of the Interim Rule
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
Coast Guard, DHS.
Interim rule with request for
comments.
AGENCY:
ACTION:
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SUMMARY: The Coast Guard is
establishing an alternate size threshold
based on the measurement system
established under the International
Convention on Tonnage Measurement of
Ships, 1969, for Oil Spill Response
Vessels (OSRVs), which are properly
certificated under 46 CFR subchapter L.
The present size threshold of 500 gross
registered tons is based on the U.S.
regulatory measurement system. This
rule provides an alternative for owners
and operators of offshore supply vessels
(OSVs) that may result in an increase in
oil spill response capacity and
capability.
This interim rule is effective
December 12, 2011. Comments and
related material must either be
submitted to our online docket via
https://www.regulations.gov on or before
February 10, 2012 or reach the Docket
Management Facility by that date.
DATES:
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I. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
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any personal information you have
provided.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0966),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online, or by fax, mail or hand
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2011–0966’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
this rule based on your comments.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
0966’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. If you do not have access to the
Internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
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]]>Agencies
[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Rules and Regulations]
[Pages 77125-77128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31707]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0970]
RIN 1625-AA00
Safety Zone; Sausalito Yacht Club's Annual Lighted Boat Parade
and Fireworks Display, Sausalito, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the San Francisco Bay near Sausalito, California in
support of the Sausalito Yacht Club's Annual Lighted Boat Parade and
Fireworks Display. This temporary safety zone is established to ensure
the safety of participants and spectators 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 or their designated
representative.
DATES: This rule is effective from 11 a.m. through 8:05 p.m. on
December 10, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0970 and are available online
by going to https://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2011-0970
in the Docket ID box, pressing Enter, and then clicking the item in the
Docket ID column. They are also available for inspection or copying at
the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Ensign William Hawn, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-7442 or email at 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:
[[Page 77126]]
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 it would be impracticable to delay
this rule because the event would occur before the rulemaking process
would be completed. Because of the dangers posed by the pyrotechnics
used in this fireworks display, the safety zone is necessary to provide
for the safety of event participants, spectators, spectator craft, and
other vessels transiting the event area. For the safety concerns noted,
it is 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.
Basis and Purpose
Sausalito on-the-Waterfront Foundation will sponsor the Sausalito
Yacht Club's Annual Lighted Boat Parade and Fireworks Display on
December 10, 2011 in the navigable waters of the San Francisco Bay off
of Sausalito, California. This safety zone establishes a temporary
restricted area on the waters 100 feet around the fireworks barge
during the loading of the barge and transit of the barge to the launch
site. During the fireworks display the safety zone will extend to 560
feet around the launch site. The fireworks display is meant for
entertainment purposes. This safety zone is issued to establish a
temporary restricted area on the waters surrounding the fireworks barge
during the loading, transit, and display of the fireworks. This
restricted area around the launch site is necessary to protect
spectators, vessels, and other property from the hazards associated
with pyrotechnics. The Coast Guard has granted the event sponsor a
marine event permit for the fireworks display.
Discussion of Rule
From 11 a.m. until 3 p.m. on December 10, 2011, pyrotechnics will
be loaded onto a barge at Pier 50 near position 37[deg]46'28'' N,
122[deg]23'06'' W (NAD 83). From 5:30 p.m. until 7 p.m. the loaded
barge will transit from Pier 50 to the launch site located at position
37[deg]51'30.92'' N, 122[deg]28'27.97'' W (NAD 83). The temporary
safety zone will extend 100 feet from the nearest point of the barge
during the loading, transit, and arrival of the pyrotechnics from Pier
50 to position 37[deg]51'30.92'' N, 122[deg]28'27.97'' W (NAD 83). The
fireworks display is scheduled to occur from 7:45 p.m. until 7:55 p.m.
on December 10, 2011, during which the safety zone will extend 560 feet
from the nearest point of the barge at position 37[deg]51'30.92'' N,
122[deg]28'27.97'' W (NAD 83). At 8:05 p.m. on December 10, 2011 the
safety zone shall terminate.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the fireworks site until the conclusion
of the scheduled display. Except for persons or vessels authorized by
the Coast Guard Patrol Commander, no person or vessel may enter or
remain in the restricted area. These regulations are needed to keep
spectators and vessels a safe distance from the fireworks display to
ensure the safety of participants, spectators, and transiting vessels.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes and executive orders.
Regulatory Planning and Review
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because the local waterway users will be notified via public Broadcast
Notice to Mariners to ensure the safety zone will result in minimum
impact. The entities most likely to be affected are pleasure craft
engaged in recreational activities.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule may affect owners and operators of pleasure craft engaged
in recreational activities and sightseeing. This rule will not have a
significant economic impact on a substantial number of small entities
for several reasons: (i) Vessel traffic can pass safely around the
area, (ii) vessels engaged in recreational activities and sightseeing
have ample space outside of the effected portion of the areas off San
Francisco, CA to engage in these activities, (iii) this rule will
encompass only a small portion of the waterway for a limited period of
time, and (iv) the maritime public will be advised in advance of this
safety zone via Broadcast Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-(888) 734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork
[[Page 77127]]
Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing a temporary safety
zone. An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T11-458 to read as follows:
Sec. 165.T11-458 Safety zone; Sausalito Yacht Club's Annual Lighted
Boat Parade and Fireworks Display, Sausalito, CA.
(a) Location. This temporary safety zone is established for the
specified waters in San Francisco Bay near Sausalito, California. The
temporary safety zone applies to the nearest point of the barge during
the loading, transit, and arrival of the pyrotechnics from Pier 50, San
Francisco, California to the fireworks launch site located at position
37[deg]51'30.92'' N, 122[deg]28'27.97'' W (NAD 83). From 11 a.m. until
3 p.m. on December 10, 2011, pyrotechnics will be loaded onto a barge
at Pier 50 near position 37[deg]46'28'' N, 122[deg]23'06'' W (NAD 83).
From 5:30 p.m. until 7 p.m. the loaded barge will transit from Pier 50
to the launch site located at position 37[deg]51'30.92'' N,
122[deg]28'27.97'' W (NAD 83). The temporary safety zone will extend
100 feet from the nearest point of the barge during the loading,
transit, and arrival of the pyrotechnics from Pier 50 to position
37[deg]51'30.92'' N, 122[deg]28'27.97'' W (NAD 83). From 7:45 p.m.
until 8:05 p.m. on December 10, 2011, the area to which the temporary
safety zone applies will increase in size to encompass the navigable
waters around the fireworks site within a radius of 560 feet.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the Captain of the Port San Francisco (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the COTP or the COTP's
designated representative.
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(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-16 or through
the 24-hour Command Center at telephone (415) 399-3547.
(d) Effective period. This section is effective from 11 a.m.
through 8:05 p.m. on December 10, 2011.
Dated: November 21, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2011-31707 Filed 12-9-11; 8:45 am]
BILLING CODE 9110-04-P
