Safety Zone; Fourth of July Fireworks Display, Tahoe City, CA, 39997-39998 [2013-16040]

Download as PDF Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under 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, 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, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–0494, to read as follows: ■ WREIER-AVILES on DSK5TPTVN1PROD with RULES § 165.T05–0494 Safety Zone; Margate Mother’s Association Fireworks Display, Atlantic Ocean, Margate, NJ. (a) Regulated Area. The following area is a safety zone: The safety zone will encompass all waters of the Atlantic Ocean within a 350 yard radius of the fireworks launch platform in approximate position 39°19′27.7389″ N, 074°29′45.7367″ W in Margate, NJ. (b) Regulations. The general safety zone regulations found in 33 CFR 165.23 apply to the safety zone created by this § 165.T05–0494. (1) All persons and vessels are prohibited from entering this zone, except as authorized by the Coast Guard Captain of the Port or her designated representative. (2) All persons or vessels wishing to transit through the Safety Zone must request authorization to do so from the Captain of the Port or her designated representative one hour prior to the intended time of transit. (3) Vessels granted permission to transit through the Safety Zone must do so in accordance with the directions provided by the Captain of the Port or her designated representative to the vessel. (4) To seek permission to transit this safety zone, the Captain of the Port or her designated representative can be contacted via Sector Delaware Bay Command Center (215) 271–4940. VerDate Mar<15>2010 15:18 Jul 02, 2013 Jkt 229001 (5) This section applies to all vessels wishing to transit through the safety zone except vessels that are engaged in the following operations: (i) Enforcing laws; (ii) Servicing aids to navigation, and (iii) Emergency response vessels. (6) No person or vessel may enter or remain in a safety zone without the permission of the Captain of the Port; (7) Each person and vessel in a safety zone shall obey any direction or order of the Captain of the Port; (8) No person may board, or take or place any article or thing on board, any vessel in a safety zone without the permission of the Captain of the Port; and (9) No person may take or place any article or thing upon any waterfront facility in a safety zone without the permission of the Captain of the Port. (c) Definitions. (1) Captain of the Port means the Commander, Coast Guard Sector Delaware Bay, or any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on her behalf. (2) Designated representative means any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port Delaware Bay to assist in enforcing the safety zone described in paragraph (a) of this section. (d) Enforcement. The U.S. Coast Guard may be assisted by Federal, State, and local agencies in the patrol and enforcement of the zone. (e) Enforcement period. This section will be enforced from 8:45 p.m. until 10:05 p.m. on July 4, 2013. Dated: June 24, 2013. K. Moore, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. [FR Doc. 2013–16038 Filed 7–2–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0366] Safety Zone; Fourth of July Fireworks Display, Tahoe City, CA Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone for the Fourth of July Fireworks Display, Tahoe City, CA in SUMMARY: PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 39997 the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM). DATES: The regulations in 33 CFR 165.1191, Table 1, number 18, will be enforced from 7 a.m. through 10 p.m. on July 4, 2013. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Lieutenant Junior Grade William Hawn, Sector San Francisco Waterways Safety Division, U.S. Coast Guard; telephone 415–399–7442, email D11-PF-MarineEvents@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone in navigable waters around and under the 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 8 a.m. on July 4, 2013, the fireworks barge will be loaded off of Tahoe Keys Marina in South Lake Tahoe, CA in approximate position 38°56′05″ N, 120°00′09″ W (NAD 83). From 8 a.m. to 12 a.m. on July 4, 2013, the loaded barge will transit from Tahoe Keys Marina to the launch site off of Tahoe City, CA in approximate position 39°10′09″ N, 120°08′16″ W (NAD 83) where it will remain until the commencement of the fireworks display. Upon the commencement of the 21 minute fireworks display, scheduled to begin at 9:30 p.m. on July 4, 2013, the safety zone will increase in size to encompass the navigable waters around and under the fireworks barge within a radius 1,000 feet in approximate position 39°10′09″ N, 120°08′16″ W (NAD 83) for the Fourth of July Fireworks Display, Tahoe City, CA in 33 CFR 165.1191, Table 1, Item number 18. This safety zone will be in effect from 7 a.m. until 10 p.m. on July 4, 2013. Under the provisions of 33 CFR 165.1191, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone during all applicable effective dates and times, unless authorized to do so by the PATCOM. Additionally, each person who receives notice of a lawful order or direction issued by an official patrol vessel shall obey the order or direction. The PATCOM is empowered to forbid entry E:\FR\FM\03JYR1.SGM 03JYR1 39998 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations into and control the regulated area. The PATCOM shall be designated by the Commander, Coast Guard Sector San Francisco. The PATCOM may, upon request, allow the transit of commercial vessels through regulated areas when it is safe to do so. This notice is issued under authority of 33 CFR 165.1191 and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with extensive advance notification of the safety zone and its enforcement period via the Local Notice to Mariners. If the Captain of the Port determines that the regulated area need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. Dated: June 13, 2013. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2013–16040 Filed 7–2–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0547] RIN 1625–AA00 Safety Zone; Grand Haven 4th of July Fireworks; Grand River; Grand Haven, MI Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the Grand River in Grand Haven, Michigan. This safety zone is intended to restrict vessels from a portion of the Grand River due to a fireworks display. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the fireworks display. DATES: This rule is effective from 9:30 p.m. until 11:30 p.m. on July 4, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0547. To view documents mentioned in this preamble as being available in the docket, go to https:// 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 WREIER-AVILES on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:18 Jul 02, 2013 Jkt 229001 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 temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard Sector Lake Michigan, at 414–747–7148 or Joseph.P.McCollum@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule CFR Code of Federal Regulations A. Regulatory History and Information This annual fireworks display is codified in 33 CFR 165.929(a)(19). However, the Coast Guard was informed by the event organizer that this year’s fireworks will be shot from a different location than what is shown in 33 CFR 165.929(a)(19). This temporary final rule reflects the new launch site for this year’s event. 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 an NPRM with respect to this rule because it is impracticable. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable because it would inhibit the Coast Guard’s ability to protect spectators and vessels from the hazards associated with a maritime fireworks display, which are discussed further below. 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. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 would be impracticable and contrary to the public interest. B. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas and limited access areas: 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; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. On July 4, 2013, the City of Grand Haven will host a fireworks display. Fireworks will be launched from a position on the west bank of the Grand River in Grand Haven, Michigan. The Coast Guard, after speaking with the event organizer, anticipates that a large number of spectator vessels will be present in the Grand River on the night of the display. As such, the Captain of the Port, Lake Michigan, has determined that this fireworks display will pose a significant risk to public safety and property. Such hazards include falling debris, flaming debris, and collisions among spectator vessels. C. Discussion of the Final Rule With the aforementioned hazards in mind, the Captain of the Port, Lake Michigan, has determined that this temporary safety zone is necessary to ensure the safety of spectators and vessels during the fireworks display in Grand Haven, Michigan. This rule is effective and will be enforced from 9:30 p.m. until 11:30 p.m. on July 4, 2013. The safety zone will encompass all waters of the Grand River within the arc of a circle with an 800 foot radius with a center in position 43°3′ 55.7″ N and 86°14′ 13.8″ W (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, Lake Michigan, or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. 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 E:\FR\FM\03JYR1.SGM 03JYR1

Agencies

[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Rules and Regulations]
[Pages 39997-39998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16040]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0366]


Safety Zone; Fourth of July Fireworks Display, Tahoe City, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the Fourth of 
July Fireworks Display, Tahoe City, CA in the Captain of the Port, San 
Francisco area of responsibility during the dates and times noted 
below. This action is necessary to protect life and property of the 
maritime public from the hazards associated with the fireworks display. 
During the enforcement period, unauthorized persons or vessels are 
prohibited from entering into, transiting through, or anchoring in the 
safety zone, unless authorized by the Patrol Commander (PATCOM).

DATES: The regulations in 33 CFR 165.1191, Table 1, number 18, will be 
enforced from 7 a.m. through 10 p.m. on July 4, 2013.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Lieutenant Junior Grade William Hawn, Sector San 
Francisco Waterways Safety Division, U.S. Coast Guard; telephone 415-
399-7442, email D11-PF-MarineEvents@uscg.mil.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone 
in navigable waters around and under the 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 8 a.m. on July 4, 2013, the 
fireworks barge will be loaded off of Tahoe Keys Marina in South Lake 
Tahoe, CA in approximate position 38[deg]56'05'' N, 120[deg]00'09'' W 
(NAD 83). From 8 a.m. to 12 a.m. on July 4, 2013, the loaded barge will 
transit from Tahoe Keys Marina to the launch site off of Tahoe City, CA 
in approximate position 39[deg]10'09'' N, 120[deg]08'16'' W (NAD 83) 
where it will remain until the commencement of the fireworks display. 
Upon the commencement of the 21 minute fireworks display, scheduled to 
begin at 9:30 p.m. on July 4, 2013, the safety zone will increase in 
size to encompass the navigable waters around and under the fireworks 
barge within a radius 1,000 feet in approximate position 39[deg]10'09'' 
N, 120[deg]08'16'' W (NAD 83) for the Fourth of July Fireworks Display, 
Tahoe City, CA in 33 CFR 165.1191, Table 1, Item number 18. This safety 
zone will be in effect from 7 a.m. until 10 p.m. on July 4, 2013.
    Under the provisions of 33 CFR 165.1191, unauthorized persons or 
vessels are prohibited from entering into, transiting through, or 
anchoring in the safety zone during all applicable effective dates and 
times, unless authorized to do so by the PATCOM. Additionally, each 
person who receives notice of a lawful order or direction issued by an 
official patrol vessel shall obey the order or direction. The PATCOM is 
empowered to forbid entry

[[Page 39998]]

into and control the regulated area. The PATCOM shall be designated by 
the Commander, Coast Guard Sector San Francisco. The PATCOM may, upon 
request, allow the transit of commercial vessels through regulated 
areas when it is safe to do so.
    This notice is issued under authority of 33 CFR 165.1191 and 5 
U.S.C. 552(a). In addition to this notice in the Federal Register, the 
Coast Guard will provide the maritime community with extensive advance 
notification of the safety zone and its enforcement period via the 
Local Notice to Mariners. If the Captain of the Port determines that 
the regulated area need not be enforced for the full duration stated in 
this notice, a Broadcast Notice to Mariners may be used to grant 
general permission to enter the regulated area.

    Dated: June 13, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-16040 Filed 7-2-13; 8:45 am]
BILLING CODE 9110-04-P

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