Safety Zone: Execpro Services Fireworks Display, Lake Tahoe, Incline Village, NV, 35043-35046 [2014-14402]

Download as PDF Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations PART 35—LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES 3. The authority citation for part 35 continues to read as follows: ■ Authority: 42 U.S.C. 3535(d), 4821, and 4851. 4. Revise § 35.1330(a)(4)(iii) to read as follows: ■ § 35.1330 Interim controls. * * * * * (a) * * * (4) * * * (iii) Another course approved by HUD for this purpose after consultation with the EPA. A current list of approved courses is available on the Internet at http://www.hud.gov/offices/lead, or by mail or fax from the HUD Office of Lead Hazard Control and Healthy Homes at (202) 402–7698 (this is not a toll-free number). Persons with hearing or speech impediments may access the above telephone number via phone or TTY by calling the toll-free Federal Relay Service at (800) 877–8339. * * * * * Dated: June 13, 2014. Shaun Donovan, Secretary. [FR Doc. 2014–14368 Filed 6–18–14; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2014–0403] Drawbridge Operation Regulation; China Basin, San Francisco, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the 3rd Street Drawbridge across China Basin, mile 0.0, at San Francisco, CA. The deviation is necessary to allow the public to cross the bridge to participate in the scheduled San Francisco Marathon, a community event. This deviation allows the bridge to remain in the closed-tonavigation position during the deviation period. DATES: This deviation is effective from 6 a.m. to 2:30 p.m. on July 27, 2014. ADDRESSES: The docket for this deviation, [USCG–2014–0403], is mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:39 Jun 18, 2014 Jkt 232001 available at 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 deviation. 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. 35043 from the operating regulations is authorized under 33 CFR 117.35. Dated: May 30, 2014. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2014–14399 Filed 6–18–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY If you have questions on this temporary deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510– 437–3516, email David.H.Sulouff@ uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. Coast Guard The City of San Francisco Public Works Department has requested a temporary change to the operation of the 3rd Street Drawbridge, mile 0.0, over China Basin, at San Francisco, CA. The drawbridge navigation span provides 7 feet vertical clearance above Mean High Water in the closed-to-navigation position. The draw opens on signal if at least one hour notice is given as required by 33 CFR 117.149. Navigation on the waterway is recreational. The drawspan will be secured in the closed-to-navigation position from 6 a.m. to 2:30 p.m. on July 27, 2014 to allow the public to cross the bridge to participate in the scheduled San Francisco Marathon. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised. The drawspan can be operated upon one hour advance notice for emergencies requiring the passage of waterway traffic. Vessels able to pass through the bridge in the closed position may do so at any time. The bridge will be able to open for emergencies upon one hour advance notice and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation AGENCY: FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 33 CFR Part 165 [Docket No. USCG–2014–0402] RIN 1625–AA00 Safety Zone: Execpro Services Fireworks Display, Lake Tahoe, Incline Village, NV ACTION: Coast Guard, DHS. Temporary final rule. 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, 2014. 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 July 3, 2014 until July 5, 2014. This rule will be enforced from 7 a.m. on July 3, 2014 until 10:10 p.m. on July 5, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2014–0402. 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 Joshua Dykman, U.S. Coast Guard Sector San Francisco; telephone (415) 399–3585 or SUMMARY: E:\FR\FM\19JNR1.SGM 19JNR1 35044 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations 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 NPRM Notice of Proposed Rulemaking mstockstill on DSK4VPTVN1PROD 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.’’ 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. The Coast Guard received the information about the fireworks display on May 15, 2014, 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. 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, 2014, 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 VerDate Mar<15>2010 16:39 Jun 18, 2014 Jkt 232001 launch site and until the commencement of the fireworks display. Upon the commencement of the 25 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 3 p.m. on July 3, 2014, the fireworks barge will be loaded at Obexer’s Marina in Homewood, CA. From 3 p.m. on July 3, 2014 to 7 a.m. on July 4, 2014, 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 25 minute fireworks display, scheduled to begin at 9:30 p.m. on July 5, 2014, 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 13 of these statutes and executive orders. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 will 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 E:\FR\FM\19JNR1.SGM 19JNR1 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations 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 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. mstockstill on DSK4VPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:39 Jun 18, 2014 Jkt 232001 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 35045 Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 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.T11–639 to read as follows: ■ § 165.T11–639 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 8 a.m. on July 3, 2014 until 9:30 p.m. on July 5, 2014, 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 10:10 p.m. on July 5, 2014, 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 8 a.m. on July 3, 2014 through 10:10 p.m. on July 5, 2014. 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. E:\FR\FM\19JNR1.SGM 19JNR1 35046 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations 33 CFR Part 165 public and event participants from the hazards associated with the fireworks display. Entering into, transiting through, remaining, anchoring or mooring within this regulated area would be prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound. DATES: This rule is effective from June 21, 2014 to June 22, 2014. This rule will be enforced from 8:30 p.m. until 10:30 p.m. on June 21, 2014. If the event is cancelled due to inclement weather, then this regulation will be enforced from 8:30 p.m. until 10:30 p.m. on June 22, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0180]. 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 Petty Officer Scott Baumgartner, Prevention Department, Coast Guard Sector Long Island Sound, (203) 468– 4559, Scott.A.Baumgartner@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: [Docket Number USCG–2014–0180] Table of Acronyms RIN 1625–AA00 COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking (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 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 5, 2014. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2014–14402 Filed 6–18–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard Safety Zone; Arts Project Cherry Grove Pride Week Fireworks Display; Great South Bay, Cherry Grove, Fire Island, NY Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone on the navigable waters of Great South Bay near Cherry Grove, Fire Island, NY for the Arts Project Cherry Grove Pride Week fireworks display. This action is necessary to provide for the safety of life on navigable waters during the event. The safety zone will facilitate public notification of the event and provide protective measures for the maritime mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:39 Jun 18, 2014 Jkt 232001 A. Regulatory History and Information On April 25, 2014 the Coast Guard published a notice of proposed rulemaking (NPRM) entitled ‘‘Safety Zone; Arts Project Cherry Grove Pride Week Fireworks Display; Great South Bay; Cherry Grove, Fire Island, NY’’ in the Federal Register (79 FR 22916). No public comments were received on the proposed rule. No public meeting was requested and none was held. 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. The Arts Project Cherry Grove PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Pride Week fireworks display is scheduled for June 21, 2014. The comment period for the NPRM associated with this event expired on May 27, 2014 providing insufficient time for a 30 day effective period. The event sponsor is unwilling and unable to postpone the event because of financial and logistical concerns. The fireworks display is scheduled to coincide with the Arts Project Cherry Grove Pride Week. Delaying the event does not align with that goal and the many sponsors helping to fund this event would be impacted as they have done so with the expectation that it will coincide with Pride Week activities. Furthermore, the planning and coordination with local authorities to support this event was based around a June 21, 2014 event date with a June 22, 2014 rain date and any last minute changes would be difficult to accommodate. A safety zone is needed to protect the safety of life and property on navigable waters from the hazards associated with this event and it would be contrary to public interest to delay promulgating this rule by delaying the effective date. B. Basis and Purpose The legal basis for this temporary 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, and 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 which collectively authorize the Coast Guard to define regulatory safety zones. This temporary rule is necessary to promote the safety of life on navigable waterways during the Arts Project Cherry Grove Pride Week fireworks display in Great South Bay near Cherry Grove, Fire Island, NY. C. Discussion of Comments, Changes and the Final Rule The effective dates of the temporary final rule are June 21 2014 through June 22, 2014. The effective dates of this regulation have changed from those listed in the NPRM because the event sponsor used the wrong dates, a June 28, 2014 event date with a June 29, 2014 rain date, in their marine event application to the Coast Guard. The event is scheduled as part of Pride Week activities in Cherry Grove, NY which end on June 22, 2014. No comments were received on the proposed rule. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses E:\FR\FM\19JNR1.SGM 19JNR1

Agencies

[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Rules and Regulations]
[Pages 35043-35046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14402]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0402]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

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, 2014. 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 July 3, 2014 until July 5, 2014. 
This rule will be enforced from 7 a.m. on July 3, 2014 until 10:10 p.m. 
on July 5, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0402. 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 Joshua Dykman, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-3585 or

[[Page 35044]]

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
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.''
    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. The Coast Guard received the 
information about the fireworks display on May 15, 2014, 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.

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, 2014, 
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 25 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 3 p.m. on July 3, 2014, the fireworks barge will be loaded at 
Obexer's Marina in Homewood, CA. From 3 p.m. on July 3, 2014 to 7 a.m. 
on July 4, 2014, 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 
25 minute fireworks display, scheduled to begin at 9:30 p.m. on July 5, 
2014, 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 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 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 will 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

[[Page 35045]]

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 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. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

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.T11-639 to read as follows:


Sec.  165.T11-639  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 8 a.m. on July 3, 2014 until 9:30 p.m. on July 5, 2014, 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 
10:10 p.m. on July 5, 2014, 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 8 a.m. on July 3, 2014 through 10:10 p.m. 
on July 5, 2014. 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.

[[Page 35046]]

    (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 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 5, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2014-14402 Filed 6-18-14; 8:45 am]
BILLING CODE 9110-04-P