[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Rules and Regulations]
[Pages 52303-52305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17468]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD11-05-022]
RIN 1625-AA08


Special Local Regulations for Marine Event; Labor Day Fireworks 
Display, South Lake Tahoe, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations in 
the navigable waters of Lake Tahoe for the loading, transport, and 
launching of fireworks used during a fireworks display to be held in 
celebration of Labor Day on September 4, 2005. These special local 
regulations are intended to prohibit vessels and people from entering 
into or remaining within the regulated area and to ensure the safety of 
participants and spectators.

DATES: This rule is effective from 10 a.m. on September 3, 2005 to 10 
p.m. on September 4, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of the docket CGD 11-05-022 and are available for 
inspection or copying at Coast Guard Marine Safety Office San Francisco 
Bay, Coast Guard Island, Alameda, California, 94501, between 9 a.m. and 
4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Ian Callander, U.S. Coast 
Guard Marine Safety Office San Francisco Bay, at (510) 437-3401.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Logistical details surrounding 
the event were not finalized and presented to the Coast Guard in time 
to draft and publish an NPRM. As such, the event would occur before the 
rulemaking process was complete. Because of the dangers posed by the 
pyrotechnics used in this fireworks display, special local regulations 
are 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 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 this fireworks display.

Background and Purpose

    The Tahoe-Douglas Visitors Authority is sponsoring a brief 
fireworks display on September 4, 2005 in the waters of South Lake 
Tahoe, CA. The fireworks display is meant for entertainment purposes in 
celebration of Labor Day. These special local regulations are being 
issued to establish a temporary regulated area in South Lake Tahoe 
around the three fireworks launch barges during loading of the 
pyrotechnics, during the transit of the barges to the display location, 
and during the fireworks display. This regulated area around the launch 
barges is necessary to protect spectators, vessels, and other property 
from the hazards associated with the pyrotechnics on the fireworks 
barges. The Coast Guard has granted the event sponsor a marine event 
permit for the fireworks display.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of South Lake Tahoe, CA. During the loading of the 
fireworks barges, while the barges are being towed to the display 
location, and until the start of the fireworks display, the special 
local regulations apply to the navigable waters around and under the 
fireworks barges within a radius of 100 feet. During the 20-minute 
fireworks display, the area to which these special local regulations 
apply will increase in size to encompass the navigable waters around 
and under the fireworks barges within a radius of 1,000 feet. Loading 
of the pyrotechnics onto the fireworks barges is scheduled to commence 
at 10 a.m. on September 3, 2005, and will take place at the Tahoe Keys 
Marina in South Lake Tahoe, CA. Towing of the barges from the Tahoe 
Keys Marina, to the display location, is scheduled to take place 
between 12 p.m. and 7 p.m. on September 4, 2005. During the fireworks 
display, scheduled to commence at 9:15 p.m. on September 4, 2005, the 
fireworks barges will be located approximately 1,500 feet off the South 
Lake Tahoe waterfront near the California/Nevada border, in position 
38[deg]57'54'' N, 119[deg]57'18'' W.
    The effect of the temporary special local regulations will be to 
restrict general navigation in the vicinity of the fireworks barges 
while the fireworks are loaded at the Tahoe Keys Marina,

[[Page 52304]]

during the transit of the fireworks barges, 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 regulated area. These regulations are needed to keep spectators 
and vessels a safe distance away from the fireworks barges and to 
ensure the safety of participants, spectators, and transiting vessels.
    Pursuant to 33 U.S.C. 1236, persons violating these special local 
regulations may be liable as follows: suspension or revocation of the 
license of a licensed officer for incompetence or misconduct; civil 
penalty of $6,500 for any person in charge of the navigation of a 
vessel other than a licensed officer; civil penalty of $6,500 for the 
owner of a vessel (including any corporate officer of a corporation 
owning the vessel) who is actually on board; and $2,750 for any other 
person.

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    Although this regulation prevents traffic from transiting a portion 
of Lake Tahoe during the event, the effect of this regulation will not 
be significant due to the small size and limited duration of the 
regulated area. The entities most likely to be affected are pleasure 
craft engaged in recreational activities and sightseeing.

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 effect 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 effected 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 these special 
local regulations via broadcast notice to mariners, and/or a local 
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 offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions, options 
for compliance, or assistance in understanding this rule, please 
contact Lieutenant Ian Callander, U.S. Coast Guard Marine Safety Office 
San Francisco Bay, at (510) 437-3401.
    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).

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 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.

[[Page 52305]]

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, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded 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)(h), of the Instruction, from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit are specifically 
excluded from further analysis and documentation under those sections.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233, Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add temporary Sec.  100.35-T11-037 to read as follows:


Sec.  100.35-T11-037  Labor Day Fireworks Display, South Lake Tahoe, 
CA.

    (a) Regulated Area. A regulated area is established for the waters 
of South Lake Tahoe surrounding three barges used as launch platforms 
for a fireworks display. During the loading of the fireworks barges, 
during the transit of the fireworks barges to the display location, and 
until the start of the fireworks display, the regulated area 
encompasses the navigable waters around and under each of the fireworks 
barges within a radius of 100 feet. During the 20-minute fireworks 
display, the regulated area increases in size to encompass the 
navigable waters around and under each fireworks launch barge within a 
radius of 1,000 feet. Loading of the pyrotechnics onto the fireworks 
barges is scheduled to commence at 10 a.m. on September 3, 2005, and 
will take place at the Tahoe Keys Marina in South Lake Tahoe, CA. 
Towing of the barges from the Tahoe Keys Marina to the display location 
is scheduled to take place between 12 p.m. and 7 p.m. on September 4, 
2005. During the fireworks display, scheduled to commence at 
approximately 9:15 p.m. on September 4, 2005, the barges will be 
located approximately 1,500 feet off the South Lake Tahoe waterfront 
near the California/Nevada border in position 38[deg]57'54'' N, 
119[deg]57'18'' W.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Sector San Francisco Bay.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector San Francisco Bay with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (c) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) Proceed as directed by an Official Patrol.
    (d) Enforcement Period. This section will be enforced from 10 a.m. 
on September 3, 2005 to 10 p.m. on September 4, 2005. If the event 
concludes prior to the scheduled termination time, the Coast Guard will 
cease enforcement of the special local regulations and will announce 
that fact via Broadcast Notice to Mariners.

    Dated: August 23, 2005.
K.J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 05-17468 Filed 9-1-05; 8:45 am]
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