Safety Zone; Incline Village Wedding Fireworks Display, Crystal Bay, Incline Village, NV, 46883-46885 [2019-19252]
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Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
The regulations in 33 CFR
165.930 will be enforced from 7 a.m.
through 3 p.m. on September 28, 2019.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, contact LT Tiziana Garner,
Waterways Management Division, MSU
Chicago,telephone 630–986–2155; email
address D09-SMB-MSUChicago-WWM@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a segment of the
Safety Zone: Brandon Road Lock and
Dam to Lake Michigan including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL,
listed in 33 CFR 165.930. Specifically,
the Coast Guard will enforce this safety
zone on the South Branch of the
Chicago River and the Chicago Sanitary
and Ship Canal between the South
Pulaski Road Bridge and the South
Loomis Street Bridge in Chicago,
Illinois, from 7 a.m. through 3 p.m. on
September 28, 2019.
All vessels must obtain permission
from the Captain of the Port, Lake
Michigan, or a designated on-scene
representative to enter, move within, or
exit this safety zone during the
enforcement times listed in this notice
of enforcement. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Lake Michigan or a
designated on-scene representative.
Vessels and persons granted permission
to enter the safety zone shall obey all
lawful orders or directions of the
Captain of the Port Lake Michigan, or an
on-scene representative.
This notice of enforcement is issued
under authority 33 CFR 165.930 and 5
U.S.C 552(a). In addition to this
publication in the Federal Register, the
Coast Guard will provide the maritime
community with advance notification of
this enforcement period via Broadcast
Notice to Mariners and Local Notice to
Mariners. Additionally, the Captain of
the Port Lake Michigan may notify
representatives from the maritime
industry through telephonic
notifications, email notifications, or by
direct communication from on scene
patrol commanders. If the Captain of the
Port or a designated representative
determines that the regulated area need
not be enforced for the full duration
stated in this notice of enforcement, he
or she may grant general permission to
enter the regulated area via Broadcast
Notice to Mariners. The Captain of the
Port Lake Michigan or a designated onscene representative may be contacted
via Channel 16, VHF–FM or at (414)
747–7182.
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DATES:
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Jkt 247001
Dated: September 3, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2019–19322 Filed 9–5–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0678]
RIN 1625–AA00
Safety Zone; Incline Village Wedding
Fireworks Display, Crystal Bay, Incline
Village, NV
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Crystal Bay near
the Hyatt Lake Tahoe Nevada boat dock
in support of the Incline Village
Wedding Fireworks Display on
September 8, 2019. This safety zone is
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 zone
without permission of the Captain of the
Port San Francisco or a designated
representative.
DATES: This rule is effective from 4 p.m.
to 9:40 p.m. on September 8, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0678 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 Lieutenant Junior Grade Jennae
Cotton, Waterways Management, U.S.
Coast Guard; telephone (415) 399–3585,
email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
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46883
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
July 30, 2019. It is impracticable to go
through the entire notice of proposed
rulemaking process because the Coast
Guard must establish this temporary
safety zone by September 8, 2019 and
lacks sufficient time to provide a
reasonable comment period and
consider those comments before issuing
the rule.
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 impractical 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 Incline Village
Wedding Fireworks Display on
September 8, 2019, will be a safety
concern for anyone within a 100-foot
radius of the fireworks barge during
loading, staging, and transit, and anyone
within a 210-foot radius of the fireworks
barge 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, this temporary safety
zone is needed to protect personnel,
vessels, and the marine environment in
the navigable waters around the
fireworks barge during the fireworks
display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 4 p.m. until 9:40 p.m. on
September 8, 2019 during the loading,
staging, and transit of the fireworks
barge in Crystal Bay in Incline Village,
until 30 minutes after completion of the
fireworks display. From 4 p.m. to 8:30
p.m. on September 8, 2019, during the
loading, staging, and transit of the
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Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
fireworks barge until 30 minutes prior to
the start of the fireworks display, the
safety zone will encompass the
navigable waters around and under the
fireworks barge, from surface to bottom,
within a circle formed by connecting all
points 100 feet out from the fireworks
barge. Loading the pyrotechnics onto
the fireworks barge is scheduled from 4
p.m. to 5 p.m. on September 8, 2019, at
the Incline Village boat ramp in Incline
Village, NV.
The fireworks barge will remain at the
Incline Village boat ramp until the start
of its transit to the display location.
Towing of the barge from the Incline
Village boat ramp to the display location
is scheduled to take place from 6 p.m.
to 6:10 p.m. on September 8, 2019,
where it will remain until the
conclusion of the fireworks display.
At 8:30 p.m. on September 8, 2019, 30
minutes prior to the commencement of
the 10-minute Incline Village Wedding
Fireworks Display, the safety zone will
increase in size and encompass the
navigable waters around and under the
fireworks barge, from surface to bottom,
within a circle formed by connecting all
points 210 feet from the circle center at
approximate position 39°14′00″ N,
119°56′56″ W (NAD 83). The safety zone
will terminate at 9:40 p.m. on
September 8, 2019.
This temporary safety zone restricts
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. A ‘‘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 COTP in
the enforcement of the safety zone or
assisting the COTP in the enforcement
of the safety zone.
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.
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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.
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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 size, limited duration,
and narrowly tailored geographic area of
the safety zone. This safety zone
impacts a 210-foot radius area of Lake
Tahoe in Incline Village for a limited
duration of 5 hours and 40 minutes. The
vessels desiring to transit through or
around the temporary safety zone 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 zone 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
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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.
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Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
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
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 a safety
zone lasting 5 hours and 40 minutes that
prevents entry to a 210-foot radius area
of Lake Tahoe in Incline Village. 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.T11–993 to read as
follows:
■
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§ 165.T11–993 Safety Zone; Incline Village
Wedding Fireworks Display, Crystal Bay,
Incline Village, NV.
(a) Location. The following area is a
safety zone: All navigable waters of
Crystal Bay, from surface to bottom,
within a circle formed by connecting all
points 100 feet out from the fireworks
barge during the loading and staging at
the Incline Village boat ramp in Incline
Village, as well as during transit and
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Jkt 247001
arrival to the display location in Incline
Village, NV. Between 8:30 p.m. on
September 8, 2019 and 9:40 p.m. on
September 8, 2019, the safety zone will
expand to all navigable waters, from
surface to bottom, within a circle
formed by connecting all points 210 feet
out from the fireworks barge in
approximate position 39°14′00″ N, 119°
56′56″ 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 zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart B of
this part, you may not enter the safety
zone described in paragraph (a) of this
section 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 the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone 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 zone 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 zone on VHF–23A or through
the 24-hour Command Center at
telephone (415) 399–3547.
(d) Enforcement period. This section
will be enforced from 4 p.m. on
September 8, 2019 through 9:40 p.m. on
September 8, 2019.
(e) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which this zone will be
enforced in accordance with § 165.7.
Dated: August 28, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2019–19252 Filed 9–5–19; 8:45 am]
BILLING CODE 9110–04–P
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46885
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0755]
RIN 1625–AA00
Safety Zone; Les Cheneaux Islands,
Cedarville, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zones for
navigable waters within 50 yards of
certain swim routes of a marine event in
the Les Cheneaux Islands, in Cedarville,
MI. The safety zones are needed to
protect event participants from risks
associated with the boating public near
highly trafficked areas of the waterway.
Entry of vessels or persons into these
zones is prohibited unless specifically
authorized by the Captain of the Port
Sault Sainte Marie or his representative.
DATES: This rule is effective from 7:00
a.m. to 3:00 p.m. on September 8, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0755 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 LT Sean Murphy, Waterways
Management, Sector Sault Sainte Marie
U.S. Coast Guard; telephone 906–635–
3223, email Sean.V.Murphy@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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.
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]]>Agencies
[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Rules and Regulations]
[Pages 46883-46885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19252]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0678]
RIN 1625-AA00
Safety Zone; Incline Village Wedding Fireworks Display, Crystal
Bay, Incline Village, NV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Crystal Bay near the Hyatt Lake Tahoe Nevada boat
dock in support of the Incline Village Wedding Fireworks Display on
September 8, 2019. This safety zone is 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 zone
without permission of the Captain of the Port San Francisco or a
designated representative.
DATES: This rule is effective from 4 p.m. to 9:40 p.m. on September 8,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0678 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 Lieutenant Junior Grade Jennae Cotton, Waterways
Management, U.S. Coast Guard; telephone (415) 399-3585, 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 July 30, 2019. It is
impracticable to go through the entire notice of proposed rulemaking
process because the Coast Guard must establish this temporary safety
zone by September 8, 2019 and lacks sufficient time to provide a
reasonable comment period and consider those comments before issuing
the rule.
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 impractical 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
Incline Village Wedding Fireworks Display on September 8, 2019, will be
a safety concern for anyone within a 100-foot radius of the fireworks
barge during loading, staging, and transit, and anyone within a 210-
foot radius of the fireworks barge 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, this
temporary safety zone is needed to protect personnel, vessels, and the
marine environment in the navigable waters around the fireworks barge
during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 4 p.m. until 9:40 p.m. on
September 8, 2019 during the loading, staging, and transit of the
fireworks barge in Crystal Bay in Incline Village, until 30 minutes
after completion of the fireworks display. From 4 p.m. to 8:30 p.m. on
September 8, 2019, during the loading, staging, and transit of the
[[Page 46884]]
fireworks barge until 30 minutes prior to the start of the fireworks
display, the safety zone will encompass the navigable waters around and
under the fireworks barge, from surface to bottom, within a circle
formed by connecting all points 100 feet out from the fireworks barge.
Loading the pyrotechnics onto the fireworks barge is scheduled from 4
p.m. to 5 p.m. on September 8, 2019, at the Incline Village boat ramp
in Incline Village, NV.
The fireworks barge will remain at the Incline Village boat ramp
until the start of its transit to the display location. Towing of the
barge from the Incline Village boat ramp to the display location is
scheduled to take place from 6 p.m. to 6:10 p.m. on September 8, 2019,
where it will remain until the conclusion of the fireworks display.
At 8:30 p.m. on September 8, 2019, 30 minutes prior to the
commencement of the 10-minute Incline Village Wedding Fireworks
Display, the safety zone will increase in size and encompass the
navigable waters around and under the fireworks barge, from surface to
bottom, within a circle formed by connecting all points 210 feet from
the circle center at approximate position 39[deg]14'00'' N,
119[deg]56'56'' W (NAD 83). The safety zone will terminate at 9:40 p.m.
on September 8, 2019.
This temporary safety zone restricts 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. A ``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 COTP in the enforcement of
the safety zone or assisting the COTP in the enforcement of the safety
zone.
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 size, limited
duration, and narrowly tailored geographic area of the safety zone.
This safety zone impacts a 210-foot radius area of Lake Tahoe in
Incline Village for a limited duration of 5 hours and 40 minutes. The
vessels desiring to transit through or around the temporary safety zone
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 zone 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.
[[Page 46885]]
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 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 a safety zone
lasting 5 hours and 40 minutes that prevents entry to a 210-foot radius
area of Lake Tahoe in Incline Village. 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.T11-993 to read as follows:
Sec. 165.T11-993 Safety Zone; Incline Village Wedding Fireworks
Display, Crystal Bay, Incline Village, NV.
(a) Location. The following area is a safety zone: All navigable
waters of Crystal Bay, from surface to bottom, within a circle formed
by connecting all points 100 feet out from the fireworks barge during
the loading and staging at the Incline Village boat ramp in Incline
Village, as well as during transit and arrival to the display location
in Incline Village, NV. Between 8:30 p.m. on September 8, 2019 and 9:40
p.m. on September 8, 2019, the safety zone will expand to all navigable
waters, from surface to bottom, within a circle formed by connecting
all points 210 feet out from the fireworks barge in approximate
position 39[deg]14'00'' N, 119[deg] 56'56'' 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 zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart B of this part, you may not enter the safety zone described in
paragraph (a) of this section 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 the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone 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 zone 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 zone on VHF-23A or through the 24-hour Command Center at
telephone (415) 399-3547.
(d) Enforcement period. This section will be enforced from 4 p.m.
on September 8, 2019 through 9:40 p.m. on September 8, 2019.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced in accordance with Sec. 165.7.
Dated: August 28, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-19252 Filed 9-5-19; 8:45 am]
BILLING CODE 9110-04-P
