
[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Rules and Regulations]               
[Page 37813-37815]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy08-20]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0511]
RIN 1625-AA00

 
Safety Zone; Red, White, and Blue Fireworks, Incline Village, NV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of Lake Tahoe for the loading, transport, and 
launching of fireworks to celebrate Independence Day. This safety zone 
is established to ensure the safety of participants and spectators from 
the dangers associated with the pyrotechnics. Unauthorized persons or 
vessels are prohibited from entering into, transiting through, or 
remaining in the safety zone without permission of the Captain of the 
Port or his designated representative.

DATES: This rule is effective from 8 a.m. on June 28, 2008, through 
10:30 p.m. on July 4, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0511 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying at two locations: the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and 
Coast Guard Sector San Francisco, 1 Yerba Buena Island, San Francisco, 
California, 94130, between 9 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Lieutenant Junior Grade Sheral Richardson, U.S. 
Coast Guard Sector San Francisco, at (415) 399-7436. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the event would occur before the 
rulemaking process was complete. Because of the dangers posed by the 
pyrotechnics used in this fireworks display, the safety zone is 
necessary to provide for the safety of event participants, spectator 
craft, and other vessels transiting the event area. For the safety 
concerns noted, it is in the public

[[Page 37814]]

interest to have these regulations in effect during the event.
    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. Any delay in the effective date of 
this rule would expose mariners to the dangers posed by the 
pyrotechnics used in the fireworks display.

Background and Purpose

    The Red, White, and Blue Tahoe organization will sponsor a 
fireworks display on July 4, 2008, in the waters of Lake Tahoe. The 
fireworks display is meant for entertainment purposes to celebrate 
Independence Day. This safety zone is issued to establish a temporary 
restricted area in Lake Tahoe around the fireworks launch barge during 
loading of the pyrotechnics, during the transit of the barge to the 
display location, and during the fireworks display. This restricted 
area around the launch barge is necessary to protect spectators, 
vessels, and other property from the hazards associated with the 
pyrotechnics on the fireworks barge. The Coast Guard has granted the 
event sponsor a marine event permit for the fireworks display.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the Lake Tahoe. During the loading of the fireworks 
barge, while the barge is being towed to the display location, and 
until 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. From 9 p.m. until 10:30 p.m. on July 4, 
2008, the area to which the temporary safety zone applies will increase 
in size to encompass the navigable waters around and under the 
fireworks barge within a radius of 1,000 feet.
    Loading of the pyrotechnics onto the fireworks barges is scheduled 
to commence at 8 a.m. on June 28, 2008, and will take place at Obexer 
Marina in Homewood, CA. Towing of the barges from Obexer Marina to the 
display location is scheduled to take place between 7:30 a.m. and 3 
p.m. on July 3, 2008. From 3 p.m. on July 3, 2008, until the conclusion 
of the fireworks show, at 10:30 p.m. on July 4, 2008, the barges will 
be anchored approximately 700-800 feet off the shoreline of Incline 
Village in position 39[deg]14'16'' N, 119[deg]53'59'' W (NAD 83). The 
fireworks show is scheduled to commence between the hours of 9 p.m. and 
10 p.m. on July 4, 2008. The fireworks display is scheduled to last 
approximately thirty minutes.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the fireworks barge while the fireworks 
are loaded, during the transit of the fireworks barge, and until the 
conclusion of the scheduled display. Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the restricted area. These regulations are needed to 
keep spectators and vessels a safe distance away from the fireworks 
barge to ensure the safety of participants, spectators, and transiting 
vessels.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    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 pleasure craft 
engaged in recreational activities.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 owners and operators of pleasure craft engaged 
in recreational activities and sightseeing. This rule will not have a 
significant economic impact on a substantial number of small entities 
for several reasons: (i) Vessel traffic can pass safely around the 
area, (ii) vessels engaged in recreational activities and sightseeing 
have ample space outside of the affected portion of Lake Tahoe to 
engage in these activities, (iii) this rule will encompass only a small 
portion of the waterway for a limited period of time, and (iv) the 
maritime public will be advised in advance of this safety zone via 
Broadcast Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule will not result in such

[[Page 37815]]

an expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded, 
under the instruction, that there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g) of the Instruction, from further 
environmental documentation.
    A final environmental analysis checklist and a final categorical 
exclusion determination will be available in the docket under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add temporary Sec.  165-T11-049 to read as follows:


Sec.  165-T11-049  Safety Zone; Red, White, and Blue Fireworks, Incline 
Village, NV.

    (a) Location. This temporary safety zone is established for the 
waters of Lake Tahoe.
    (1) Loading of the pyrotechnics onto the fireworks barges will take 
place at Obexer Marina in Homewood, CA.
    (2) Towing of the barges from Obexer Marina to the display 
location.
    (3) The position the barges will be anchored in, and the launch 
site, is approximately 700-800 feet off the shoreline of Incline 
Village in position 39[deg]14'16'' N, 119[deg]53'59'' 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 and a 
Federal, State, and 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 regulations in Sec.  165.23, 
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 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 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 the COTP's designated representative. Persons and 
vessels may request permission to enter the safety zone on VHF-16 or 
the 24-hour Command Center via telephone at (415) 399-3547.
    (d) Effective period. This section is effective from 8 a.m. on June 
28, 2008, through 10:30 p.m. on July 4, 2008.

    Dated: June 24, 2008.
D.J. Swatland,
Captain, U.S. Coast Guard, Acting Captain of the Port, San Francisco.
[FR Doc. E8-14956 Filed 7-1-08; 8:45 am]

BILLING CODE 9110-04-P
