Safety Zone; 2019 Monte Labor Day Fireworks Display, Carnelian Bay, Carnelian Bay, CA, 45905-45907 [2019-18944]
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
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§ 165.T08–0729 Safety Zone; Illinois River,
mile marker 162 to 166, Peoria, IL.
(a) Location. The following area is a
safety zone: Two work zones on the
Illinois River between (MM) 162
through 166.
(1) Zone A is between two lines
perpendicular to the banks drawn
through a mid-channel point at
40°43′28″ N, 89°32′55″ W and the
second at 40°43′30″ N, 89°32′40″ W
extending the entire width of the river.
(2) Zone B is between two lines
perpendicular to the banks drawn
through a mid-channel point at
40°40′48″ N, 89°34′24″ W and the
second at 40°40′45″ N, 89°34′16″ W.
Transit into and through this safety zone
is prohibited during periods of
enforcement unless given permission by
the Captain of the Port or a designated
representative.
(b) Effective period. This section is
effective from September 26, 2019
through October 3, 2019.
(c) Enforcement periods. This section
will be enforced each day that electrical
line work is to be performed for up to
eight hours per day from approximately
8 a.m. through 4 p.m.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Upper Mississippi River
(COTP) or designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Upper Mississippi River.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s representative by telephone at
314–269–2332 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
dates and times for this safety zone, as
well as any emergent safety concerns
that may delay the enforcement of the
zone each day, through Broadcast
Notice to Mariners (BNM), Local Notices
to Mariners (LNMs), and/or Marine
Safety Information Bulletins (MSIBs) as
appropriate.
VerDate Sep<11>2014
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Dated: August 28, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2019–18913 Filed 8–30–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0730]
RIN 1625–AA00
Safety Zone; 2019 Monte Labor Day
Fireworks Display, Carnelian Bay,
Carnelian Bay, CA
AGENCY:
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing two temporary safety zones
on the navigable waters of Carnelian
Bay near Carnelian West Beach in
support of the 2019 Monte Labor Day
Fireworks Display on September 1,
2019. These safety zones are necessary
to protect personnel, vessels, and the
marine environment from the dangers
associated with pyrotechnics.
Unauthorized persons or vessels are
prohibited from entering into, transiting
through, or remaining in the safety
zones without permission of the Captain
of the Port San Francisco or a
designated representative.
SUMMARY:
This rule is effective from 7 a.m.
on August 31, 2019 to 9:20 p.m. on
September 1, 2019.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0730 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email MST1 David Robey, Waterways
Management, U.S. Coast Guard;
telephone (415) 399–7440, email
SFWaterways@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
§ Section
U.S.C. United States Code
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45905
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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 with
respect to this rule because it is
impracticable. The Coast Guard did not
receive final details for this event until
August 16, 2019. The Coast Guard must
establish these safety zones by August
31, 2019 and therefore lacks sufficient
time to effectuate the full notice and
comment process before issuing the rule
in this instance.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For similar reasons as stated
above, notice and comment procedures
would be impracticable in this instance
due to the short notice provided for this
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Francisco has
determined that potential hazards
associated with the 2019 Monte Labor
Day Fireworks Display on September 1,
2019, will be a safety concern for
anyone within a 100-foot radius of the
fireworks barges during loading and
staging and anyone within a 420-foot
radius of the fireworks barges starting 30
minutes before the fireworks display is
scheduled to commence and ending 30
minutes after the conclusion of the
fireworks display. For this reason, these
safety zones are needed to protect
personnel, vessels, and the marine
environment in the navigable waters
around the fireworks barges during the
fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
around each of two separate fireworks
barges simultaneously from 7 a.m. on
August 31, 2019 until 9:20 p.m. on
September 1, 2019, during the loading,
staging, and transit of the two fireworks
barges in Carnelian Bay, during the
fireworks display, and lasting until 30
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
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minutes after completion of the
fireworks display. From 7 a.m. on
August 31, 2019 to 8 p.m. on September
1, 2019, during the loading, staging, and
transit of the fireworks barges until 30
minutes prior to the start of the
fireworks display, scheduled for
approximately 8:30 p.m., the safety
zones will encompass the navigable
waters around and under the fireworks
barges, from surface to bottom, within a
circle formed by connecting all points
100 feet out from the fireworks barges.
Loading the pyrotechnics onto the
fireworks barges is scheduled from 7
a.m. to 9 a.m. on August 31, 2019, at the
Lake Forest boat ramp in Tahoe City,
CA.
The fireworks barges will remain at
the Lake Forest boat ramp until the start
of their transit to the display locations.
Towing of the barges from the Lake
Forest boat ramp to the display
locations is scheduled to take place
from 9 a.m. to 10 a.m. on August 31,
2019, where they will remain until the
conclusion of the fireworks display.
At 8 p.m. on August 31, 2019, 30
minutes prior to the commencement of
the 20-minute 2019 Monte Labor Day
Fireworks Display, the safety zones will
increase in size and encompass the
navigable waters around and under the
fireworks barges, from surface to
bottom, within a circle formed by
connecting all points 420 feet from the
circle centers at approximate positions
39°13′17.76″ N, 120°4′47.64″ W (NAD
83) and 39°13′20.22″ N, 120°4′43.44″ W
(NAD 83). The safety zones will
terminate at 9:20 p.m. on September 1,
2019.
The effect of the safety zones is to
restrict navigation in the vicinity of the
fireworks loading, staging, transit, and
firing sites. 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
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Jkt 247001
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 zones. The safety zones impact
two 420-foot radius areas of Carnelian
Bay for a 38-hour-and-20-minute
duration. The vessels desiring to transit
through the safety zones may do so
upon express permission from the COTP
or the COTP’s designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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.
While some owners or operators of
vessels intending to transit the
temporary safety zones may be small
entities, for the reasons stated in section
V.A. above, this rule will not have a
significant economic impact on any
vessel owner or operator.
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
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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 an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and U.S. Coast Guard
Environmental Planning Policy,
COMDTINST 5090.1 (series), which
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
guide 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 two
safety zones lasting 38 hours and 20
minutes that prevent entry to two 420foot radius areas. It is categorically
excluded from further review under
paragraph L60(a) in Table 3–1 of
Department of Homeland Security
Directive 023–01. 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
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C 70034, 70051; 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.T11–994 to read as
follows:
■
khammond on DSKBBV9HB2PROD with RULES
§ 165.T11–994 Safety Zone; 2019 Monte
Labor Day Fireworks Display, Carnelian
Bay, Carnelian Bay, CA.
(a) Location. The following areas are
safety zones around two separate
fireworks barges: From 7 a.m. on August
31, 2019, to 8 p.m. on September 1,
2019, all navigable waters of Carnelian
Bay, from surface to bottom, within two
circles formed by connecting all points
100 feet out from each of the two
fireworks barges during their loading
and staging at the Lake Forest boat ramp
in Tahoe City, as well as during transit
and arrival to the display location in
Carnelian Bay, CA. Between 8 p.m. on
September 1, 2019 and 9:20 p.m. on
VerDate Sep<11>2014
15:43 Aug 30, 2019
Jkt 247001
September 1, 2019, both of the safety
zones will expand to all navigable
waters, from surface to bottom, within
two circles formed by connecting all
points 420 feet out from each fireworks
barge in approximate positions
39°13′17.76″ N, 120°4′47.64″ W (NAD
83) and 39°13′20.22″ N, 120°4′43.44″ W
(NAD 83).
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel or a
Federal, State, or local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zones.
(c) Regulations. (1) Under the general
safety zones regulations in § 165.23, you
may not enter the safety zones described
in paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) The safety zones are closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zones must
contact the COTP or the COTP’s
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zones must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
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.
(d) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which these zones will
be enforced in accordance with § 165.7.
Dated: August 23, 2019.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco.
[FR Doc. 2019–18944 Filed 8–30–19; 8:45 am]
BILLING CODE 9110–04–P
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45907
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No. PTO–P–2019–0020]
RIN 0651–AD39
Increase of the Annual Limit on
Accepted Requests for Track I
Prioritized Examination
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Interim rule.
AGENCY:
The Leahy-Smith America
Invents Act (America Invents Act)
includes provisions for prioritized
examination of patent applications,
which have been implemented by the
United States Patent and Trademark
Office (USPTO or Office) in previous
rulemakings. The America Invents Act
provides that the Office may not accept
more than 10,000 requests for
prioritization in any fiscal year (October
1 to September 30) until regulations are
prescribed setting another limit. This
interim rule expands the availability of
prioritized examination by increasing
the limit on the number of prioritized
examination requests that may be
accepted in a fiscal year from 10,000 to
12,000.
DATES: Effective Date: September 3,
2019.
Applicability Date: The limit of
12,000 granted requests for prioritized
examination per year becomes effective
for fiscal year 2019.
Comment Deadline Date: Written
comments must be received on or before
November 4, 2019.
ADDRESSES: Comments should be sent
by email addressed to:
AD39.comments@uspto.gov. Comments
also may be submitted by postal mail
addressed to: Mail Stop Comments—
Patents, Commissioner for Patents, P.O.
Box 1450, Alexandria, VA 22313–1450,
marked to the attention of Kery Fries,
Senior Legal Advisor, Office of Patent
Legal Administration.
Comments further may be sent via the
Federal eRulemaking Portal. Visit the
Federal eRulemaking Portal website
(https://www.regulations.gov) for
additional instructions on providing
comments via the Federal eRulemaking
Portal.
Although comments may be
submitted by postal mail, the Office
prefers to receive comments by email.
Emailed comments are preferred to be
submitted in plain text, but also may be
submitted in ADOBE® portable
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45905-45907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18944]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0730]
RIN 1625-AA00
Safety Zone; 2019 Monte Labor Day Fireworks Display, Carnelian
Bay, Carnelian Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones on
the navigable waters of Carnelian Bay near Carnelian West Beach in
support of the 2019 Monte Labor Day Fireworks Display on September 1,
2019. These safety zones are necessary to protect personnel, vessels,
and the marine environment from the dangers associated with
pyrotechnics. Unauthorized persons or vessels are prohibited from
entering into, transiting through, or remaining in the safety zones
without permission of the Captain of the Port San Francisco or a
designated representative.
DATES: This rule is effective from 7 a.m. on August 31, 2019 to 9:20
p.m. on September 1, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0730 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 David Robey, Waterways Management, U.S. Coast Guard;
telephone (415) 399-7440, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 with
respect to this rule because it is impracticable. The Coast Guard did
not receive final details for this event until August 16, 2019. The
Coast Guard must establish these safety zones by August 31, 2019 and
therefore lacks sufficient time to effectuate the full notice and
comment process before issuing the rule in this instance.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For similar reasons as stated
above, notice and comment procedures would be impracticable in this
instance due to the short notice provided for this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco has determined that potential hazards associated with the
2019 Monte Labor Day Fireworks Display on September 1, 2019, will be a
safety concern for anyone within a 100-foot radius of the fireworks
barges during loading and staging and anyone within a 420-foot radius
of the fireworks barges starting 30 minutes before the fireworks
display is scheduled to commence and ending 30 minutes after the
conclusion of the fireworks display. For this reason, these safety
zones are needed to protect personnel, vessels, and the marine
environment in the navigable waters around the fireworks barges during
the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone around each of two separate
fireworks barges simultaneously from 7 a.m. on August 31, 2019 until
9:20 p.m. on September 1, 2019, during the loading, staging, and
transit of the two fireworks barges in Carnelian Bay, during the
fireworks display, and lasting until 30
[[Page 45906]]
minutes after completion of the fireworks display. From 7 a.m. on
August 31, 2019 to 8 p.m. on September 1, 2019, during the loading,
staging, and transit of the fireworks barges until 30 minutes prior to
the start of the fireworks display, scheduled for approximately 8:30
p.m., the safety zones will encompass the navigable waters around and
under the fireworks barges, from surface to bottom, within a circle
formed by connecting all points 100 feet out from the fireworks barges.
Loading the pyrotechnics onto the fireworks barges is scheduled from 7
a.m. to 9 a.m. on August 31, 2019, at the Lake Forest boat ramp in
Tahoe City, CA.
The fireworks barges will remain at the Lake Forest boat ramp until
the start of their transit to the display locations. Towing of the
barges from the Lake Forest boat ramp to the display locations is
scheduled to take place from 9 a.m. to 10 a.m. on August 31, 2019,
where they will remain until the conclusion of the fireworks display.
At 8 p.m. on August 31, 2019, 30 minutes prior to the commencement
of the 20-minute 2019 Monte Labor Day Fireworks Display, the safety
zones will increase in size and encompass the navigable waters around
and under the fireworks barges, from surface to bottom, within a circle
formed by connecting all points 420 feet from the circle centers at
approximate positions 39[deg]13'17.76'' N, 120[deg]4'47.64'' W (NAD 83)
and 39[deg]13'20.22'' N, 120[deg]4'43.44'' W (NAD 83). The safety zones
will terminate at 9:20 p.m. on September 1, 2019.
The effect of the safety zones is to restrict navigation in the
vicinity of the fireworks loading, staging, transit, and firing sites.
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 zones. The
safety zones impact two 420-foot radius areas of Carnelian Bay for a
38-hour-and-20-minute duration. The vessels desiring to transit through
the safety zones may do so upon express permission from the COTP or the
COTP's designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
temporary safety zones may be small entities, for the reasons stated in
section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and U.S. Coast Guard Environmental Planning Policy,
COMDTINST 5090.1 (series), which
[[Page 45907]]
guide 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 two safety zones lasting 38 hours and 20 minutes that
prevent entry to two 420-foot radius areas. It is categorically
excluded from further review under paragraph L60(a) in Table 3-1 of
Department of Homeland Security Directive 023-01. 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C 70034, 70051; 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.T11-994 to read as follows:
Sec. 165.T11-994 Safety Zone; 2019 Monte Labor Day Fireworks
Display, Carnelian Bay, Carnelian Bay, CA.
(a) Location. The following areas are safety zones around two
separate fireworks barges: From 7 a.m. on August 31, 2019, to 8 p.m. on
September 1, 2019, all navigable waters of Carnelian Bay, from surface
to bottom, within two circles formed by connecting all points 100 feet
out from each of the two fireworks barges during their loading and
staging at the Lake Forest boat ramp in Tahoe City, as well as during
transit and arrival to the display location in Carnelian Bay, CA.
Between 8 p.m. on September 1, 2019 and 9:20 p.m. on September 1, 2019,
both of the safety zones will expand to all navigable waters, from
surface to bottom, within two circles formed by connecting all points
420 feet out from each fireworks barge in approximate positions
39[deg]13'17.76'' N, 120[deg]4'47.64'' W (NAD 83) and 39[deg]13'20.22''
N, 120[deg]4'43.44'' W (NAD 83).
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zones.
(c) Regulations. (1) Under the general safety zones regulations in
Sec. 165.23, you may not enter the safety zones described in paragraph
(a) of this section unless authorized by the COTP or the COTP's
designated representative.
(2) The safety zones are closed to all vessel traffic, except as
may be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zones must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zones must comply with all lawful orders or
directions given to them by the COTP or the COTP's 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.
(d) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which these zones will be enforced in accordance with Sec. 165.7.
Dated: August 23, 2019.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2019-18944 Filed 8-30-19; 8:45 am]
BILLING CODE 9110-04-P
