[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]


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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.

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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 SFWaterways@uscg.mil.

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


