Safety Zone: Monte Foundation Snowfest Fireworks, Tahoe City, Lake Tahoe, CA, 8938-8940 [2018-04365]
Download as PDF
<![CDATA[
8938
Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations
Notice of deviation from
drawbridge regulation.
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the CSX Swing
Bridge which carries CSX railroad
across the Curtis Creek, mile 1.4, at
Baltimore, MD. The deviation is
necessary to facilitate bridge
maintenance. This deviation allows the
bridge to remain in the closed-tonavigation position.
DATES: The deviation is effective from 8
a.m. on Monday, March 5, 2018,
through 2:30 p.m. on Friday, March 30,
2018.
ADDRESSES: The docket for this
deviation, [USCG–2018–0031] is
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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Michael
Thorogood, Bridge Administration
Branch Fifth District, Coast Guard,
telephone 757–398–6557, email
Michael.R.Thorogood@uscg.mil.
SUPPLEMENTARY INFORMATION: The CSX
Corporation, owner and operator of the
CSX Swing Bridge that carries CSX
railroad across the Curtis Creek, mile
1.4, at Baltimore, MD, has requested a
temporary deviation from the current
operating schedule to facilitate
installation of railroad ties across the
swing span of the drawbridge. The
bridge has a vertical clearance of 13 feet
above mean high water in the closed
position and unlimited vertical
clearance in the open position. The
current operating schedule is set out in
33 CFR 117.5. Under this temporary
deviation, the bridge will remain in the
closed-to-navigation position from 8
a.m. to 2:30 p.m., Monday through
Friday, March 5, 2018, through March
30, 2018.
Curtis Creek is used by a variety of
vessels including U.S. government and
public vessels, tug and barge traffic, and
recreational vessels. The Coast Guard
has carefully coordinated the
restrictions with waterway users in
publishing this temporary deviation.
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at any time. The
bridge will open on signal, if at least one
hour notification is given. The bridge
will be able to open for emergencies, if
at least 15 minutes notification is given.
The bridge may be contacted at (410)
354–5593 24 hours per day. There is no
immediate alternative route for vessels
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:25 Mar 01, 2018
Jkt 244001
unable to pass through the bridge in the
closed position. The Coast Guard will
also inform the users of the waterway
through our Local Notice and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessel operators 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
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: February 26, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2018–04250 Filed 3–1–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0117]
RIN 1625–AA00
Safety Zone: Monte Foundation
Snowfest Fireworks, Tahoe City, Lake
Tahoe, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of Lake Tahoe near
Commons Beach in support of the
Monte Foundation Snowfest Festival
Fireworks Display on March 2, 2018.
This safety zone is established to ensure
the safety of participants and spectators
from the dangers associated with
pyrotechnics. Unauthorized persons or
vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without permission of
the Captain of the Port or their
designated representative.
DATES: This rule is effective from 7 a.m.
to 8:15 p.m. on March 2, 2018.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2018–0117. 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.
SUMMARY:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
If
you have questions on this rule, call or
email Lieutenant Junior Grade Emily
Rowan, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7443 or
email at D11-PF-MarineEvents@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Acronyms
APA Administrative Procedure Act
COTP U.S. Coast Guard Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric
Administration
NPRM Notice of Proposed Rulemaking
PATCOM U.S. Coast Guard Patrol
Commander
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule. Since the Coast
Guard received notice of this event on
January 30, 2018, notice and comment
procedures would be impracticable in
this instance.
For similar reasons as those stated
above, 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port (COTP) San
Francisco has determined that potential
hazards associated with the planned
fireworks display on March 2, 2018, will
be a safety concern for anyone within a
100-foot radius of the fireworks barge
and anyone within a 350-feet radius of
the fireworks firing site. Loading of the
pyrotechnics onto the fireworks barge is
scheduled to take place from 7:00 a.m.
to 11:00 a.m. on March 2, 2018, at Lake
Forest Boat Ramp in Tahoe City, CA.
From 11:00 a.m. to 5:30 p.m. on March
2, 2018, the staged fireworks barge will
remain at Lake Forest Boat Ramp until
the start of its transit to the display
E:\FR\FM\02MRR1.SGM
02MRR1
Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations
location. Towing of the barge from Lake
Forest Boat Ramp to the display location
is scheduled to take place from 5:30
p.m. to 7:30 p.m. on March 2, 2018
where it will remain until the
conclusion of the fireworks display.
This rule is needed to protect spectators,
vessels, and other property from hazards
associated with pyrotechnics.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 7:00 a.m. to 8:15 p.m.
on March 2, 2018. During the loading,
staging, transit, and until 30 minutes
prior to the start of the fireworks
display, the safety zone applies to the
navigable waters around and under the
fireworks barge within a radius of 100
feet. At 7:00 p.m. on March 2, 2018, 30
minutes prior to the commencement of
the 12-minute fireworks display, the
safety zone will increase in size and
encompass the navigable water around
and under the fireworks barge within a
radius of 350 feet in approximate
position 39°10′07″ N, 120°08′16″ W
(NAD 83) for the Monte Foundation
Snowfest Fireworks Display. The safety
zone shall terminate at 8:15 p.m. on
March 2, 2018.
The effect of the temporary safety
zone is to restrict navigation in the
vicinity of the fireworks loading,
staging, transit, and firing site. Except
for persons or vessels authorized by the
COTP or the COTP’s designated
representative, no person or vessel may
enter or remain in the restricted areas.
These regulations are needed to keep
spectators and vessels away from the
immediate vicinity of the fireworks
firing sites to ensure the safety of
participants, spectators, and transiting
vessels.
daltland on DSKBBV9HB2PROD with RULES
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
VerDate Sep<11>2014
16:25 Mar 01, 2018
Jkt 244001
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the limited duration and
narrowly tailored geographic area of the
safety zone. 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.
B. 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 term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: Owners and operators of
waterfront facilities, commercial
vessels, and pleasure craft engaged in
recreational activities and sightseeing, if
these facilities or vessels are in the
vicinity of the safety zone at times when
this zone is being enforced. This rule
will not have a significant economic
impact on a substantial number of small
entities for the following reasons: (i)
This rule will encompass only a small
portion of the waterway for a limited
period of time, and (ii) the maritime
public will be advised in advance of
these safety zones via Broadcast Notice
to Mariners.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
8939
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.
C. 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).
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
E:\FR\FM\02MRR1.SGM
02MRR1
8940
Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, which
guides the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (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 safety
zones of limited size and duration. It is
categorically excluded from further
review under Categorical Exclusion
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. 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.
List of Subjects in 33 CFR Part 165
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; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1
2. Add § 165.T11–915 to read as
follows:
■
daltland on DSKBBV9HB2PROD with RULES
§ 165.T11–915 Safety Zone; Monte
Foundation Snowfest Fireworks Display,
Tahoe City, Lake Tahoe, CA.
(a) Location. This temporary safety
zone is established in the navigable
waters of Lake Tahoe near Commons
Beach in Tahoe City, Lake Tahoe, CA as
depicted in National Oceanic and
Atmospheric Administration (NOAA)
Chart 18665. Starting at the Lake Forest
Boat Ramp from 7 a.m. to 7 p.m. on
March 2, 2018, during the loading,
staging, transit, and arrival of the
fireworks barge and until 30 minutes
prior to the start of the fireworks
display, the temporary safety zone
applies to the navigable waters around
and under the fireworks barge within a
radius of 100 feet. At 7 p.m., 30 minutes
VerDate Sep<11>2014
16:25 Mar 01, 2018
Jkt 244001
prior to the commencement of the 12
minute fireworks display, scheduled to
begin at 7:30 p.m. on March 2, 2018, the
safety zone will expand to encompass
the navigable waters around and under
the fireworks barge within a radius of
350 feet in approximate position
39°10′07″ N, 120°08′16″ W (NAD 83).
(b) Enforcement period. The zone
described in paragraph (a) of this
section will be enforced from 7 a.m.
until approximately 8:15 p.m. March 2,
2018. The Captain of the Port San
Francisco (COTP) will notify the
maritime community of periods during
which these zones will be enforced via
Broadcast Notice to Mariners in
accordance with 33 CFR 165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in the enforcement
of the safety zone.
(d) Regulations. (1) Under the general
regulations in 33 CFR part 165, subpart
C, entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the COTP or the
COTP’s 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
zones on VHF–23A or through the 24hour Command Center at telephone
(415) 399–3547.
Dated: February 23, 2018.
Patrick S. Nelson,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco.
[FR Doc. 2018–04365 Filed 3–1–18; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–ROMO–24625; PPIMROMO6A
PPMRSNR1Z.Y00000]
RIN 1024–AE31
Special Regulations, Areas of the
National Park System, Rocky Mountain
National Park; Bicycling
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
The National Park Service
amends the special regulations for
Rocky Mountain National Park to allow
bicycle use on a 2-mile segment of the
East Shore Trail located within the park.
A portion of this 2-mile segment will
require trail construction to
accommodate bicycles and is therefore
considered a new trail. National Park
Service regulations require
promulgation of a special regulation to
designate new trails for bicycle use off
park roads and outside developed areas.
DATES: This rule is effective on April 2,
2018.
FOR FURTHER INFORMATION CONTACT:
Larry Gamble, Chief of Planning and
Project Stewardship, Rocky Mountain
National Park, 1000 U.S. Highway 36,
Estes Park, CO 80517. Phone (970) 586–
1320. Email: larry_gamble@nps.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Rocky Mountain National Park (park)
was established in 1915 and is located
in north central Colorado. The
approximately 265,761-acre park
contains spectacular scenery that
includes majestic mountains, lakes,
rivers, forests, meadows, and abundant
wildlife. The East Shore Trail is a hiking
and equestrian trail that runs roughly
north/south along the east shore of
Shadow Mountain Lake near the town
of Grand Lake, Colorado. The entire trail
is 6.2 miles long and ends at the
southern boundary of the park. The East
Shore Trailhead is located south of the
town of Grand Lake. The trailhead and
the first 0.7 miles of the trail are located
on land administered by the U.S. Forest
Service as part of the Arapaho National
Recreation Area. Bicycle use is currently
allowed only on this 0.7-mile section of
the trail. The remaining 5.5 miles of the
East Shore Trail are located within the
park. Hiking and fishing access to the
lake is allowed along the trail. This rule
applies to the northernmost 2-mile
segment of the East Shore Trail within
the park extending north from Shadow
E:\FR\FM\02MRR1.SGM
02MRR1
]]>Agencies
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Rules and Regulations]
[Pages 8938-8940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04365]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-0117]
RIN 1625-AA00
Safety Zone: Monte Foundation Snowfest Fireworks, Tahoe City,
Lake Tahoe, CA
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 Commons Beach in support of the
Monte Foundation Snowfest Festival Fireworks Display on March 2, 2018.
This safety zone is established to ensure the safety of participants
and spectators from the dangers associated with pyrotechnics.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zone without permission
of the Captain of the Port or their designated representative.
DATES: This rule is effective from 7 a.m. to 8:15 p.m. on March 2,
2018.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2018-0117. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Emily Rowan, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-7443 or email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Acronyms
APA Administrative Procedure Act
COTP U.S. Coast Guard Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of Proposed Rulemaking
PATCOM U.S. Coast Guard Patrol Commander
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Since the Coast Guard received notice of
this event on January 30, 2018, notice and comment procedures would be
impracticable in this instance.
For similar reasons as those stated above, 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) San Francisco has determined that
potential hazards associated with the planned fireworks display on
March 2, 2018, will be a safety concern for anyone within a 100-foot
radius of the fireworks barge and anyone within a 350-feet radius of
the fireworks firing site. Loading of the pyrotechnics onto the
fireworks barge is scheduled to take place from 7:00 a.m. to 11:00 a.m.
on March 2, 2018, at Lake Forest Boat Ramp in Tahoe City, CA. From
11:00 a.m. to 5:30 p.m. on March 2, 2018, the staged fireworks barge
will remain at Lake Forest Boat Ramp until the start of its transit to
the display
[[Page 8939]]
location. Towing of the barge from Lake Forest Boat Ramp to the display
location is scheduled to take place from 5:30 p.m. to 7:30 p.m. on
March 2, 2018 where it will remain until the conclusion of the
fireworks display. This rule is needed to protect spectators, vessels,
and other property from hazards associated with pyrotechnics.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 7:00 a.m. to
8:15 p.m. on March 2, 2018. During the loading, staging, transit, and
until 30 minutes prior to the start of the fireworks display, the
safety zone applies to the navigable waters around and under the
fireworks barge within a radius of 100 feet. At 7:00 p.m. on March 2,
2018, 30 minutes prior to the commencement of the 12-minute fireworks
display, the safety zone will increase in size and encompass the
navigable water around and under the fireworks barge within a radius of
350 feet in approximate position 39[deg]10'07'' N, 120[deg]08'16'' W
(NAD 83) for the Monte Foundation Snowfest Fireworks Display. The
safety zone shall terminate at 8:15 p.m. on March 2, 2018.
The effect of the temporary safety zone is to restrict navigation
in the vicinity of the fireworks loading, staging, transit, and firing
site. Except for persons or vessels authorized by the COTP or the
COTP's designated representative, no person or vessel may enter or
remain in the restricted areas. These regulations are needed to keep
spectators and vessels away from the immediate vicinity of the
fireworks firing sites to ensure the safety of participants,
spectators, and transiting vessels.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
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.
B. 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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule may affect the following entities, some of which may be
small entities: Owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing, if these facilities or vessels are in the
vicinity of the safety zone at times when this zone is being enforced.
This rule will not have a significant economic impact on a substantial
number of small entities for the following reasons: (i) This rule will
encompass only a small portion of the waterway for a limited period of
time, and (ii) the maritime public will be advised in advance of these
safety zones via Broadcast Notice to Mariners.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
[[Page 8940]]
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (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 safety zones of
limited size and duration. It is categorically excluded from further
review under Categorical Exclusion L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.
G. 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.
List of Subjects in 33 CFR Part 165
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1
0
2. Add Sec. 165.T11-915 to read as follows:
Sec. 165.T11-915 Safety Zone; Monte Foundation Snowfest Fireworks
Display, Tahoe City, Lake Tahoe, CA.
(a) Location. This temporary safety zone is established in the
navigable waters of Lake Tahoe near Commons Beach in Tahoe City, Lake
Tahoe, CA as depicted in National Oceanic and Atmospheric
Administration (NOAA) Chart 18665. Starting at the Lake Forest Boat
Ramp from 7 a.m. to 7 p.m. on March 2, 2018, during the loading,
staging, transit, and arrival of the fireworks barge and until 30
minutes prior to the start of the fireworks display, the temporary
safety zone applies to the navigable waters around and under the
fireworks barge within a radius of 100 feet. At 7 p.m., 30 minutes
prior to the commencement of the 12 minute fireworks display, scheduled
to begin at 7:30 p.m. on March 2, 2018, the safety zone will expand to
encompass the navigable waters around and under the fireworks barge
within a radius of 350 feet in approximate position 39[deg]10'07'' N,
120[deg]08'16'' W (NAD 83).
(b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from 7 a.m. until approximately 8:15 p.m.
March 2, 2018. The Captain of the Port San Francisco (COTP) will notify
the maritime community of periods during which these zones will be
enforced via Broadcast Notice to Mariners in accordance with 33 CFR
165.7.
(c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
(d) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or the COTP's
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 zones on VHF-23A or through
the 24-hour Command Center at telephone (415) 399-3547.
Dated: February 23, 2018.
Patrick S. Nelson,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2018-04365 Filed 3-1-18; 8:45 am]
BILLING CODE 9110-04-P
