Safety Zone; Execpro Services Fireworks Display, Lake Tahoe, Incline Village, NV, 38830-38833 [2013-15502]

Download as PDF 38830 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations The regulations in 33 CFR 100.1301 are effective from 8 a.m. on August 2, 2013, through 11:59 p.m. on August 4, 2013. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Ensign Nathaniel P. Clinger, Sector Puget Sound Waterways Management Division, Coast Guard; telephone 206–217–6045, email SectorPugetSoundWWM@uscg.mil. DATES: The Coast Guard will enforce the special local regulation for the annual Seattle Seafair Unlimited Hydroplane Race in 33 CFR 100.1301 from 8 a.m. on August 2, 2013, through 11:59 p.m. on August 4, 2013. Under the provisions of 33 CFR 100.1301, the Coast Guard will restrict general navigation in the following area; The waters of Lake Washington bounded by the Interstate 90 (Mercer Island/Lacey V. Murrow) Bridge, the western shore of Lake Washington, and the east/west line drawn tangent to Bailey Peninsula and along the shoreline of Mercer Island. The regulated area has been divided into two zones. The zones are separated by a line perpendicular from the I–90 Bridge to the northwest corner of the East log boom and a line extending from the southeast corner of the East log boom to the southeast corner of the hydroplane race course and then to the northerly tip of Ohlers Island in Andrews Bay. The western zone is designated Zone I, the eastern zone, Zone II. (Refer to NOAA Chart 18447). The Coast Guard will maintain a patrol consisting of Coast Guard vessels, assisted by Auxiliary Coast Guard vessels, in Zone II. The Coast Guard patrol of this area is under the direction of the Coast Guard Patrol Commander (the ‘‘Patrol Commander’’). The Patrol Commander is empowered to control the movement of vessels on the racecourse and in the adjoining waters during the periods this regulation is in effect. The Patrol Commander may be assisted by other federal, state and local law enforcement agencies. Only authorized vessels may be allowed to enter Zone I during the hours this regulation is in effect. Vessels in the vicinity of Zone I shall maneuver and anchor as directed by Coast Guard Officers or Petty Officers. During the times in which the regulation is in effect, the following rules shall apply: (1) Swimming, wading, or otherwise entering the water in Zone I by any person is prohibited while hydroplane boats are on the racecourse. At other times in Zone I, any person entering the water from the shoreline shall remain tkelley on DSK3SPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 15:54 Jun 27, 2013 Jkt 229001 west of the swim line, denoted by buoys, and any person entering the water from the log boom shall remain within ten (10) feet of the log boom. (2) Any person swimming or otherwise entering the water in Zone II shall remain within ten (10) feet of a vessel. (3) Rafting to a log boom will be limited to groups of three vessels. (4) Up to six (6) vessels may raft together in Zone II if none of the vessels are secured to a log boom. Only vessels authorized by the Patrol Commander, other law enforcement agencies or event sponsors shall be permitted to tow other watercraft or inflatable devices. (5) Vessels proceeding in either Zone I or Zone II during the hours this regulation is in effect shall do so only at speeds which will create minimum wake, seven (07) miles per hour or less. This maximum speed may be reduced at the discretion of the Patrol Commander. (6) Upon completion of the daily racing activities, all vessels leaving either Zone I or Zone II shall proceed at speeds of seven (07) miles per hour or less. The maximum speed may be reduced at the discretion of the Patrol Commander. (7) A succession of sharp, short signals by whistle or horn from vessels patrolling the areas under the direction of the Patrol Commander shall serve as signal to stop. Vessels signaled shall stop and shall comply with the orders of the patrol vessel; failure to do so may result in expulsion from the area, citation for failure to comply, or both. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 100.1301 and 5 U.S.C. 552(a). If the Captain of the Port determines that the regulated area need not be enforced for the full duration stated in this notice, he may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: June 12, 2013. S. J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. [FR Doc. 2013–15501 Filed 6–27–13; 8:45 am] BILLING CODE 9110–04–P PO 00000 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0383] RIN 1625–AA00 Safety Zone; Execpro Services Fireworks Display, Lake Tahoe, Incline Village, NV Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone in the navigable waters of Lake Tahoe near Incline Village, NV in support of the Execpro Services Fireworks Display on July 5, 2013. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative. DATES: This rule is effective from 7 a.m. July 2, 2013, until 10 p.m. on July 5, 2013. SUMMARY: Documents mentioned in this preamble are part of docket USCG– 2013–0383. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Junior Grade 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 or submitting material to the docket, call the Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: ADDRESSES: Table of Acronyms DHS Department of Homeland Security FR Federal Register Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations NPRM Notice of Proposed Rulemaking tkelley on DSK3SPTVN1PROD with RULES A. Regulatory History and 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.’’ The Coast Guard is issuing this rule without prior notice and opportunity to comment because it is impracticable. The Coast Guard received the information about the fireworks display on May 9, 2013, and the fireworks display 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), for the same reasons as mentioned above, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. B. Basis and Purpose The legal basis for the proposed rule is 33 U.S.C. 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; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish safety zones. Execpro Services will sponsor a fireworks display on July 5, 2013, in the navigable waters of Lake Tahoe near Incline Village, NV in approximate position 39°13′56″ N, 119°56′23″ W (NAD 83) as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18665. This safety zone establishes a temporary restricted area on the waters 100 feet surrounding the fireworks barge during the loading, transit and arrival of the pyrotechnics from the loading site to the launch site and until the commencement of the fireworks display. Upon the commencement of the 20 minute fireworks display, the safety zone will increase in size and encompass the navigable waters around the fireworks barge within a radius of VerDate Mar<15>2010 15:54 Jun 27, 2013 Jkt 229001 560 feet. The fireworks display is meant for entertainment purposes. This restricted area around the fireworks barge is necessary to protect spectators, vessels, and other property from the hazards associated with the pyrotechnics. C. Discussion of the Final Rule The Coast Guard will enforce a safety zone in navigable waters around and under a fireworks barge within a radius of 100 feet during the loading, transit, and arrival of the fireworks barge to the display location and until the start of the fireworks display. From 7 a.m. until 11 p.m. on July 2, 2013, the fireworks barge will be loaded at Obexer’s Marina in Homewood, CA. From 11 p.m. on July 2, 2013 to 7 a.m. on July 3, 2013, the loaded barge will transit from Obexer’s Marina to the launch site near Incline Village, NV in approximate position 39°13′56″ N, 119°56′23″ W (NAD 83) where it will remain until the commencement of the fireworks display. Upon the commencement of the 20 minute fireworks display, scheduled to begin at 9:30 p.m. on July 5, 2013, the safety zone will increase in size and encompass the navigable waters around and under the fireworks barge within a radius 560 feet in approximate position 39°13′56″ N, 119°56′23″ W (NAD 83) for the Execpro Services Fireworks Display. At the conclusion of the fireworks display the safety zone shall terminate. The effect of the temporary safety zone will be to restrict navigation in the vicinity of the fireworks barge while the fireworks are set up, 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 restricted area. These regulations are needed to keep spectators and vessels away from the immediate vicinity of the fireworks barge to ensure the safety of participants, spectators, and transiting vessels. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 38831 section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We expect the economic impact of this rule does not rise to the level of necessitating a full Regulatory Evaluation. The safety zone is limited in duration, and is limited to a narrowly tailored geographic area. In addition, 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 waterfront facilities, commercial vessels, and pleasure craft engaged in recreational activities. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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 waterfront facilities, commercial vessels, and pleasure craft engaged in recreational activities and sightseeing. This safety zone would not have a significant economic impact on a substantial number of small entities for the following reasons. This safety zone would be activated, and thus subject to enforcement, for a limited duration. When the safety zone is activated, vessel traffic could pass safely around the safety zone. The maritime public will be advised in advance of this safety zone via Broadcast Notice to Mariners. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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 E:\FR\FM\28JNR1.SGM 28JNR1 38832 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations 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. 4. Collection of Information 10. 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. 11. Indian Tribal Governments This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment 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. 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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone of limited size and duration. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. 9. Civil Justice Reform List of Subjects in 33 CFR Part 165 This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Harbors, Marine safety, Navigation (water), Reporting and recordkeeping 7. 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. 8. Taking of Private Property tkelley on DSK3SPTVN1PROD with RULES Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. VerDate Mar<15>2010 15:54 Jun 27, 2013 Jkt 229001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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. 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.T11–573 to read as follows: ■ § 165.T11–573 Safety zone: Execpro Services Fireworks Display, Lake Tahoe, Incline Village, NV. (a) Location. This temporary safety zone is established for the navigable waters of Lake Tahoe near Incline Village, NV as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18665. From 5 a.m. on July 2, 2013, until 9:30 p.m. on July 5, 2013, the temporary safety zone applies to the nearest point of the fireworks barge within a radius of 100 feet during the loading, transit, and arrival of the fireworks barge from Obexer’s Marina in Homewood, CA to the launch site near Incline Village, NV in approximate position 39°13′56″ N, 119°56′23″ W (NAD 83). From 9:30 p.m. until 10 p.m. on July 5, 2013, the temporary safety zone will increase in size to encompass the navigable waters around and under the fireworks barge in approximate position 39°13′56″ N, 119°56′23″ W (NAD 83) within a radius of 560 feet. (b) Enforcement period. The zone described in paragraph (a) of this section will be enforced from 7 a.m. on July 2, 2013, through 10 p.m. on July 5, 2013. The Captain of the Port San Francisco (COTP) will notify the maritime community of periods during which this zone will be enforced via Broadcast Notice to Mariners in accordance with 33 CFR 165.7. (c) 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 COTP in the enforcement of the safety zone. (d) Regulations. (1) Under the general regulations in 33 CFR Part 165, Subpart C, entry into, transiting or anchoring within this safety zone is prohibited E:\FR\FM\28JNR1.SGM 28JNR1 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations unless authorized by the COTP or a designated representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or a designated representative. (3) Vessel operators desiring to enter or operate within the safety zone must contact the COTP or a designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or a designated representative. Persons and vessels may request permission to enter the safety zone on VHF–23A or through the 24hour Command Center at telephone (415) 399–3547. Dated: June 13, 2013. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco. Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking [FR Doc. 2013–15502 Filed 6–27–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0345] RIN 1625–AA00 Safety Zone: City of Martinez Fourth of July Fireworks Display, Carquinez Strait, Martinez, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone in the navigable waters of Carquinez Strait near Martinez, CA in support of the City of Martinez Fourth of July Fireworks Display on July 4, 2013. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative. DATES: This rule is effective on July 4, 2013, from 9:30 p.m. until 10 p.m. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0345. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:54 Jun 27, 2013 Jkt 229001 Folder on the line associated with this rulemaking. You may also visit 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Junior Grade 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 or submitting material to the docket, call Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: A. Regulatory History and 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.’’ Publication of an NPRM would be impracticable because the Coast Guard received the information about the fireworks display on May 1, 2013, and the fireworks display would occur before the rulemaking process would be completed. 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. 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. B. Basis and Purpose The legal basis for the proposed rule is 33 U.S.C 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; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 38833 Delegation No. 0170.1, which collectively authorize the Coast Guard to establish safety zones. The City of Martinez will sponsor the City of Martinez Fourth of July Fireworks Display on July 4, 2013, in Waterfront Park near Martinez, CA in approximate position 38°01′31″ N, 122°08′24″ W (NAD 83) as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18657. Upon the commencement of the fireworks display, the safety zone will encompass the navigable waters around the launch site within a radius of 420 feet. The fireworks display is meant for entertainment purposes. This restricted area around the launch site is necessary to protect spectators, vessels, and other property from the hazards associated with the pyrotechnics. The Coast Guard has granted the event sponsor a marine event permit for the fireworks display. C. Discussion of the Final Rule The Coast Guard will enforce a safety zone in navigable waters around the land based launch site in Waterfront Park near Martinez, CA. Upon the commencement of the 20 minute fireworks display, scheduled to begin at 9:30 p.m. on July 4, 2013, the safety zone will encompass the navigable waters around the fireworks launch site within a radius 420 feet from position 38°01′31″ N, 122°08′24″ W (NAD 83) for the City of Martinez Fourth of July Fireworks Display. At the conclusion of the fireworks display the safety zone shall terminate. The effect of the temporary safety zone will be to restrict navigation in the vicinity of the launch 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 away from the immediate vicinity of the launch site to ensure the safety of participants, spectators, and transiting vessels. D. 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. 1. 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 E:\FR\FM\28JNR1.SGM 28JNR1

Agencies

[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Rules and Regulations]
[Pages 38830-38833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15502]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0383]
RIN 1625-AA00


Safety Zone; Execpro Services Fireworks Display, Lake Tahoe, 
Incline Village, NV

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 Lake Tahoe near Incline Village, NV in support of 
the Execpro Services Fireworks Display on July 5, 2013. This safety 
zone is established to ensure the safety of participants and spectators 
from the dangers associated with the pyrotechnics. Unauthorized persons 
or vessels are prohibited from entering into, transiting through, or 
remaining in the safety zone without permission of the Captain of the 
Port or their designated representative.

DATES: This rule is effective from 7 a.m. July 2, 2013, until 10 p.m. 
on July 5, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0383. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade 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 or submitting 
material to the docket, call the Program Manager, Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

[[Page 38831]]

NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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.'' The Coast Guard is issuing this rule without prior notice 
and opportunity to comment because it is impracticable. The Coast Guard 
received the information about the fireworks display on May 9, 2013, 
and the fireworks display 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), for the same reasons as mentioned above, 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 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; Public Law 107-295, 116 Stat. 2064; Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to establish safety zones.
    Execpro Services will sponsor a fireworks display on July 5, 2013, 
in the navigable waters of Lake Tahoe near Incline Village, NV in 
approximate position 39[deg]13'56'' N, 119[deg]56'23'' W (NAD 83) as 
depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18665. This safety zone establishes a temporary restricted area 
on the waters 100 feet surrounding the fireworks barge during the 
loading, transit and arrival of the pyrotechnics from the loading site 
to the launch site and until the commencement of the fireworks display. 
Upon the commencement of the 20 minute fireworks display, the safety 
zone will increase in size and encompass the navigable waters around 
the fireworks barge within a radius of 560 feet. The fireworks display 
is meant for entertainment purposes. This restricted area around the 
fireworks barge is necessary to protect spectators, vessels, and other 
property from the hazards associated with the pyrotechnics.

C. Discussion of the Final Rule

    The Coast Guard will enforce a safety zone in navigable waters 
around and under a fireworks barge within a radius of 100 feet during 
the loading, transit, and arrival of the fireworks barge to the display 
location and until the start of the fireworks display. From 7 a.m. 
until 11 p.m. on July 2, 2013, the fireworks barge will be loaded at 
Obexer's Marina in Homewood, CA. From 11 p.m. on July 2, 2013 to 7 a.m. 
on July 3, 2013, the loaded barge will transit from Obexer's Marina to 
the launch site near Incline Village, NV in approximate position 
39[deg]13'56'' N, 119[deg]56'23'' W (NAD 83) where it will remain until 
the commencement of the fireworks display. Upon the commencement of the 
20 minute fireworks display, scheduled to begin at 9:30 p.m. on July 5, 
2013, the safety zone will increase in size and encompass the navigable 
waters around and under the fireworks barge within a radius 560 feet in 
approximate position 39[deg]13'56'' N, 119[deg]56'23'' W (NAD 83) for 
the Execpro Services Fireworks Display. At the conclusion of the 
fireworks display the safety zone shall terminate.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the fireworks barge while the fireworks 
are set up, 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 restricted area. These 
regulations are needed to keep spectators and vessels away from the 
immediate vicinity of the fireworks barge to ensure the safety of 
participants, spectators, and transiting vessels.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule does not rise to the 
level of necessitating a full Regulatory Evaluation. The safety zone is 
limited in duration, and is limited to a narrowly tailored geographic 
area. In addition, 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 
waterfront facilities, commercial vessels, and pleasure craft engaged 
in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing. This safety zone would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This safety zone would be activated, and 
thus subject to enforcement, for a limited duration. When the safety 
zone is activated, vessel traffic could pass safely around the safety 
zone. The maritime public will be advised in advance of this safety 
zone via Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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

[[Page 38832]]

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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone of limited size and 
duration. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination 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. 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.T11-573 to read as follows:


Sec.  165.T11-573  Safety zone: Execpro Services Fireworks Display, 
Lake Tahoe, Incline Village, NV.

    (a) Location. This temporary safety zone is established for the 
navigable waters of Lake Tahoe near Incline Village, NV as depicted in 
National Oceanic and Atmospheric Administration (NOAA) Chart 18665. 
From 5 a.m. on July 2, 2013, until 9:30 p.m. on July 5, 2013, the 
temporary safety zone applies to the nearest point of the fireworks 
barge within a radius of 100 feet during the loading, transit, and 
arrival of the fireworks barge from Obexer's Marina in Homewood, CA to 
the launch site near Incline Village, NV in approximate position 
39[deg]13'56'' N, 119[deg]56'23'' W (NAD 83). From 9:30 p.m. until 10 
p.m. on July 5, 2013, the temporary safety zone will increase in size 
to encompass the navigable waters around and under the fireworks barge 
in approximate position 39[deg]13'56'' N, 119[deg]56'23'' W (NAD 83) 
within a radius of 560 feet.
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 7 a.m. on July 2, 2013, through 10 p.m. 
on July 5, 2013. The Captain of the Port San Francisco (COTP) will 
notify the maritime community of periods during which this zone will be 
enforced via Broadcast Notice to Mariners in accordance with 33 CFR 
165.7.
    (c) 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 COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR Part 
165, Subpart C, entry into, transiting or anchoring within this safety 
zone is prohibited

[[Page 38833]]

unless authorized by the COTP or a designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zone on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: June 13, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-15502 Filed 6-27-13; 8:45 am]
BILLING CODE 9110-04-P