Safety Zone: Execpro Services Fireworks Display, Lake Tahoe, Incline Village, NV, 35043-35046 [2014-14402]
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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
https://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
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SUMMARY:
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available at 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 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:
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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 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
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:
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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 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
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
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SUMMARY:
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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
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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
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]]>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.
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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, 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 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 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.
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(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
