83_FR_12722 83 FR 12665 - Safety Zone: Pier 39 Fireworks Display, San Francisco, CA

83 FR 12665 - Safety Zone: Pier 39 Fireworks Display, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 57 (March 23, 2018)

Page Range12665-12667
FR Document2018-05922

The Coast Guard is establishing a temporary moving safety zone in the navigable waters of the San Francisco Bay near Pier 39 in support of the Pier 39 Fireworks Display on March 24, 2018. This safety zone is established to ensure the safety of participants and spectators 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 or their designated representative.

Federal Register, Volume 83 Issue 57 (Friday, March 23, 2018)
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Rules and Regulations]
[Pages 12665-12667]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05922]



[[Page 12665]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0125]
RIN 1625-AA00


Safety Zone: Pier 39 Fireworks Display, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
in the navigable waters of the San Francisco Bay near Pier 39 in 
support of the Pier 39 Fireworks Display on March 24, 2018. This safety 
zone is established to ensure the safety of participants and spectators 
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 or their designated representative.

DATES: This rule is effective from 11:00 a.m. to 9:15 p.m. on March 24, 
2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-0125. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Emily Rowan, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-7443 or email at D11-PF-MarineEvents@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
PATCOM U.S. Coast Guard Patrol Commander
U.S.C. United States Code

II. Background Information and Regulatory History

    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. Since the Coast Guard received notice of 
this event on February 22, 2018, notice and comment procedures would be 
impracticable in this instance.
    For similar reasons as those stated above, 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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port (COTP) San Francisco has determined that 
potential hazards associated with the planned fireworks display on 
March 24, 2018, will be a safety concern for anyone within a 100-foot 
radius of the fireworks barge and anyone within a 420-foot radius of 
the fireworks firing site. This rule is needed to protect spectators, 
vessels, and other property from hazards associated with pyrotechnics.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone during the loading 
and transit of the fireworks barge, until after completion of the 
fireworks display. During the loading of the pyrotechnics, onto the 
fireworks barge, scheduled to take place from 11:00 a.m. to 5:00 p.m. 
on March 24, 2018, at Pier 50 in San Francisco, CA the safety zone will 
encompass the navigable waters around and under the fireworks barge 
within a radius of 100 feet.
    The fireworks barge will remain at Pier 50 until the start of its 
transit to the display location. Towing of the barge from Pier 50 to 
the display location is scheduled to take place from 7:00 p.m. to 7:45 
p.m. on March 24, 2018 where it will remain until the conclusion of the 
fireworks display.
    At 8:00 p.m. on March 24, 2018, 30 minutes prior to the 
commencement of the 12-minute fireworks display, the safety zone will 
increase in size and encompass the navigable water around and under the 
fireworks barge within a radius of 420 feet in approximate position 
37[deg]48'47'' N, 122[deg]24'44'' W (NAD 83) for the Pier 39 Fireworks 
Display. The safety zone shall terminate at 9:15 p.m. on March 24, 
2018.
    The effect of the temporary safety zone is to restrict navigation 
in the vicinity of the fireworks loading, 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. 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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs'') directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. This regulatory 
action determination is based on the size, location, duration of the 
safety zone. The size of the zone is the minimum necessary to provide 
adequate protection for the waterways users, adjoining areas, and the 
public. This zone is of limited duration and is the minimum necessary 
to provide adequate protection for the waterways users, adjoining 
areas, and the public. The Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone and the rule

[[Page 12666]]

allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 
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 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 is categorically excluded from further review under paragraph 
L60(c) of Section L of the Department of Homeland Security Instruction 
Manual 023-01-001-01 (series). An environmental analysis checklist 
supporting this determination and Record of Environmental Consideration 
(REC) are available in the docket where indicated under ADDRESSES. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

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: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T11-919 to read as follows:


Sec.  165.T11-919  Safety Zone; Pier 39 Fireworks Display, San 
Francisco Bay, San Francisco, CA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the San Francisco Bay within 100 feet of the fireworks barge 
during loading at Pier 50, as well as transit and arrival at Pier 39 in 
San Francisco, CA. From 11:00 a.m. until approximately 5:00 p.m. on 
March 24, 2018, the fireworks barge will be loading at Pier 50 in San 
Francisco, CA. The safety zone will expand to all navigable waters 
around and under the firework barge within a radius of 420 feet in 
approximate position 37[deg]48'47'' N, 122[deg]24'44'' W (NAD 83), 30 
minutes prior to the start of the 12 minute fireworks display, 
scheduled to begin at 8:30 p.m. on March 24, 2018.
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 11:00 a.m. until approximately 9:15 p.m. 
March 24, 2018. The Captain of the Port San Francisco (COTP) will 
notify the maritime community of periods during which these zones will 
be enforced via Broadcast Notice to Mariners.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or a Federal, State, or local officer designated by or

[[Page 12667]]

assisting the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, 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 a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated 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 a 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.

    Dated: March 19, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-05922 Filed 3-22-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Rules and Regulations                                          12665

                                           DEPARTMENT OF HOMELAND                                  of the Administrative Procedure Act                   Display. The safety zone shall terminate
                                           SECURITY                                                (APA) (5 U.S.C. 553(b)). This provision               at 9:15 p.m. on March 24, 2018.
                                                                                                   authorizes an agency to issue a rule                     The effect of the temporary safety
                                           Coast Guard                                             without prior notice and opportunity to               zone is to restrict navigation in the
                                                                                                   comment when the agency for good                      vicinity of the fireworks loading, transit,
                                           33 CFR Part 165                                         cause finds that those procedures are                 and firing site. Except for persons or
                                           [Docket No. USCG–2018–0125]
                                                                                                   ‘‘impracticable, unnecessary, or contrary             vessels authorized by the COTP or the
                                                                                                   to the public interest.’’ Under 5 U.S.C.              COTP’s designated representative, no
                                           RIN 1625–AA00                                           553(b)(B), the Coast Guard finds that                 person or vessel may enter or remain in
                                                                                                   good cause exists for not publishing a                the restricted areas. These regulations
                                           Safety Zone: Pier 39 Fireworks Display,                 notice of proposed rulemaking (NPRM)                  are needed to keep spectators and
                                           San Francisco, CA                                       with respect to this rule. Since the Coast            vessels away from the immediate
                                           AGENCY:    Coast Guard, DHS.                            Guard received notice of this event on                vicinity of the fireworks firing sites to
                                                                                                   February 22, 2018, notice and comment                 ensure the safety of participants,
                                           ACTION:   Temporary final rule.                         procedures would be impracticable in                  spectators, and transiting vessels.
                                           SUMMARY:   The Coast Guard is                           this instance.
                                                                                                                                                         V. Regulatory Analyses
                                           establishing a temporary moving safety                     For similar reasons as those stated
                                           zone in the navigable waters of the San                 above, under 5 U.S.C. 553(d)(3), the                    We developed this rule after
                                           Francisco Bay near Pier 39 in support of                Coast Guard finds that good cause exists              considering numerous statutes and
                                           the Pier 39 Fireworks Display on March                  for making this rule effective less than              executive orders related to rulemaking.
                                           24, 2018. This safety zone is established               30 days after publication in the Federal              Below we summarize our analyses
                                           to ensure the safety of participants and                Register.                                             based on a number of these statutes and
                                           spectators from the dangers associated                                                                        Executive orders, and we discuss First
                                                                                                   III. Legal Authority and Need for Rule
                                           with pyrotechnics. Unauthorized                                                                               Amendment rights of protestors.
                                           persons or vessels are prohibited from                     The Coast Guard is issuing this rule
                                                                                                                                                         A. Regulatory Planning and Review
                                           entering into, transiting through, or                   under authority in 33 U.S.C. 1231. The
                                           remaining in the safety zone without                    Captain of the Port (COTP) San                           E.O.s 12866 (‘‘Regulatory Planning
                                           permission of the Captain of the Port or                Francisco has determined that potential               and Review’’) and 13563 (‘‘Improving
                                           their designated representative.                        hazards associated with the planned                   Regulation and Regulatory Review’’)
                                           DATES: This rule is effective from 11:00
                                                                                                   fireworks display on March 24, 2018,                  direct agencies to assess the costs and
                                           a.m. to 9:15 p.m. on March 24, 2018.                    will be a safety concern for anyone                   benefits of available regulatory
                                                                                                   within a 100-foot radius of the fireworks             alternatives and, if regulation is
                                           ADDRESSES: Documents mentioned in                       barge and anyone within a 420-foot                    necessary, to select regulatory
                                           this preamble are part of docket USCG–                  radius of the fireworks firing site. This             approaches that maximize net benefits
                                           2018–0125. To view documents                            rule is needed to protect spectators,                 including potential economic,
                                           mentioned in this preamble as being                     vessels, and other property from hazards              environmental, public health and safety
                                           available in the docket, go to http://                  associated with pyrotechnics.                         effects, distributive impacts, and equity.
                                           www.regulations.gov, type the docket                                                                          E.O. 13563 emphasizes the importance
                                           number in the ‘‘SEARCH’’ box and click                  IV. Discussion of the Rule
                                                                                                                                                         of quantifying both costs and benefits, of
                                           ‘‘SEARCH.’’ Click on Open Docket                           This rule establishes a temporary                  reducing costs, of harmonizing rules,
                                           Folder on the line associated with this                 safety zone during the loading and                    and of promoting flexibility. Executive
                                           rulemaking.                                             transit of the fireworks barge, until after           Order 13771 (‘‘Reducing Regulation and
                                           FOR FURTHER INFORMATION CONTACT: If                     completion of the fireworks display.                  Controlling Regulatory Costs’’) directs
                                           you have questions on this rule, call or                During the loading of the pyrotechnics,               agencies to reduce regulation and
                                           email Lieutenant Junior Grade Emily                     onto the fireworks barge, scheduled to                control regulatory costs and provides
                                           Rowan, U.S. Coast Guard Sector San                      take place from 11:00 a.m. to 5:00 p.m.               that ‘‘for every one new regulation
                                           Francisco; telephone (415) 399–7443 or                  on March 24, 2018, at Pier 50 in San                  issued, at least two prior regulations be
                                           email at D11-PF-MarineEvents@                           Francisco, CA the safety zone will                    identified for elimination, and that the
                                           uscg.mil.                                               encompass the navigable waters around                 cost of planned regulations be prudently
                                           SUPPLEMENTARY INFORMATION:                              and under the fireworks barge within a                managed and controlled through a
                                                                                                   radius of 100 feet.                                   budgeting process.’’
                                           I. Table of Acronyms                                       The fireworks barge will remain at                    We expect the economic impact of
                                           APA Administrative Procedure Act                        Pier 50 until the start of its transit to the         this rule will not rise to the level of
                                           COTP U.S. Coast Guard Captain on the Port               display location. Towing of the barge                 necessitating a full Regulatory
                                           DHS Department of Homeland Security                     from Pier 50 to the display location is               Evaluation. This regulatory action
                                           FR Federal Register                                     scheduled to take place from 7:00 p.m.                determination is based on the size,
                                           NOAA National Oceanic and Atmospheric                   to 7:45 p.m. on March 24, 2018 where                  location, duration of the safety zone.
                                             Administration
                                                                                                   it will remain until the conclusion of                The size of the zone is the minimum
                                           NPRM Notice of proposed rulemaking
                                           PATCOM U.S. Coast Guard Patrol                          the fireworks display.                                necessary to provide adequate
                                             Commander                                                At 8:00 p.m. on March 24, 2018, 30                 protection for the waterways users,
                                           U.S.C. United States Code                               minutes prior to the commencement of                  adjoining areas, and the public. This
                                                                                                   the 12-minute fireworks display, the                  zone is of limited duration and is the
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                                           II. Background Information and                          safety zone will increase in size and                 minimum necessary to provide adequate
                                           Regulatory History                                      encompass the navigable water around                  protection for the waterways users,
                                             The Coast Guard is issuing this                       and under the fireworks barge within a                adjoining areas, and the public. The
                                           temporary final rule without prior                      radius of 420 feet in approximate                     Coast Guard will issue Broadcast Notice
                                           notice and opportunity to comment                       position 37°48′47″ N, 122°24′44″ W                    to Mariners via VHF–FM marine
                                           pursuant to authority under section 4(a)                (NAD 83) for the Pier 39 Fireworks                    channel 16 about the zone and the rule


                                      VerDate Sep<11>2014   16:24 Mar 22, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\23MRR1.SGM   23MRR1


                                           12666               Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Rules and Regulations

                                           allows vessels to seek permission to                    the States, or on the distribution of                 G. Protest Activities
                                           enter the zone.                                         power and responsibilities among the                    The Coast Guard respects the First
                                                                                                   various levels of government. We have                 Amendment rights of protesters.
                                           B. Impact on Small Entities
                                                                                                   analyzed this rule under that Order and               Protesters are asked to contact the
                                              The Regulatory Flexibility Act of 1980               have determined that it is consistent
                                           (RFA), 5 U.S.C. 601–612, as amended,                                                                          person listed in the FOR FURTHER
                                                                                                   with the fundamental federalism                       INFORMATION CONTACT section to
                                           requires federal agencies to consider the               principles and preemption requirements
                                           potential impact of regulations on small                                                                      coordinate protest activities so that your
                                                                                                   described in Executive Order 13132.                   message can be received without
                                           entities during rulemaking. The term
                                           ‘‘small entities’’ comprises small                         Also, this rule does not have tribal               jeopardizing the safety or security of
                                           businesses, not-for-profit organizations                implications under Executive Order                    people, places or vessels.
                                           that are independently owned and                        13175, Consultation and Coordination
                                                                                                                                                         List of Subjects in 33 CFR Part 165
                                           operated and are not dominant in their                  with Indian Tribal Governments,
                                                                                                   because it does not have a substantial                  Harbors, Marine safety, Navigation
                                           fields, and governmental jurisdictions
                                                                                                   direct effect on one or more Indian                   (water), Reporting and recordkeeping
                                           with populations of less than 50,000.
                                                                                                   tribes, on the relationship between the               requirements, Security measures,
                                           The Coast Guard certifies under 5 U.S.C.
                                                                                                   Federal Government and Indian tribes,                 Waterways.
                                           605(b) that this rule will not have a
                                           significant economic impact on a                        or on the distribution of power and                     For the reasons discussed in the
                                           substantial number of small entities.                   responsibilities between the Federal                  preamble, the Coast Guard amends 33
                                              While some owners or operators of                    Government and Indian tribes. If you                  CFR part 165 as follows:
                                           vessels intending to transit the safety                 believe this rule has implications for
                                           zone may be small entities, for the                     federalism or Indian tribes, please                   PART 165—REGULATED NAVIGATION
                                           reasons stated in section V.A above, this               contact the person listed in the FOR                  AREAS AND LIMITED ACCESS AREAS
                                           rule will not have a significant                        FURTHER INFORMATION CONTACT section
                                                                                                   above.                                                ■ 1. The authority citation for part 165
                                           economic impact on any vessel owner
                                                                                                                                                         continues to read as follows:
                                           or operator. Under section 213(a) of the                E. Unfunded Mandates Reform Act
                                           Small Business Regulatory Enforcement                                                                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           Fairness Act of 1996 (Pub. L. 104–121),                                                                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                     The Unfunded Mandates Reform Act
                                           we want to assist small entities in                                                                           Department of Homeland Security Delegation
                                                                                                   of 1995 (2 U.S.C. 1531–1538) requires                 No. 0170.1.
                                           understanding this rule. If the rule                    Federal agencies to assess the effects of
                                           would affect your small business,                       their discretionary regulatory actions. In            ■ 2. Add § 165.T11–919 to read as
                                           organization, or governmental                           particular, the Act addresses actions                 follows:
                                           jurisdiction and you have questions                     that may result in the expenditure by a               § 165.T11–919 Safety Zone; Pier 39
                                           concerning its provisions or options for                State, local, or tribal government, in the            Fireworks Display, San Francisco Bay, San
                                           compliance, please contact the person                   aggregate, or by the private sector of                Francisco, CA.
                                           listed in the FOR FURTHER INFORMATION                   $100,000,000 (adjusted for inflation) or                 (a) Location. The following area is a
                                           CONTACT section.                                        more in any one year. Though this rule
                                              Small businesses may send comments                                                                         safety zone: All navigable waters of the
                                                                                                   will not result in such expenditure, we               San Francisco Bay within 100 feet of the
                                           on the actions of Federal employees                     do discuss the effects of this rule
                                           who enforce, or otherwise determine                                                                           fireworks barge during loading at Pier
                                                                                                   elsewhere in this preamble.                           50, as well as transit and arrival at Pier
                                           compliance with, Federal regulations to
                                           the Small Business and Agriculture                      F. Environment                                        39 in San Francisco, CA. From 11:00
                                           Regulatory Enforcement Ombudsman                                                                              a.m. until approximately 5:00 p.m. on
                                           and the Regional Small Business                           We have analyzed this rule under                    March 24, 2018, the fireworks barge will
                                           Regulatory Fairness Boards. The                         Department of Homeland Security                       be loading at Pier 50 in San Francisco,
                                           Ombudsman evaluates these actions                       Management Directive 023–01 and                       CA. The safety zone will expand to all
                                           annually and rates each agency’s                        Commandant Instruction M16475.lD,                     navigable waters around and under the
                                           responsiveness to small business. If you                which guide the Coast Guard in                        firework barge within a radius of 420
                                           wish to comment on actions by                           complying with the National                           feet in approximate position 37°48′47″
                                           employees of the Coast Guard, call 1–                   Environmental Policy Act of 1969 (42                  N, 122°24′44″ W (NAD 83), 30 minutes
                                           888–REG–FAIR (1–888–734–3247). The                      U.S.C. 4321–4370f), and have                          prior to the start of the 12 minute
                                           Coast Guard will not retaliate against                  determined that this action is one of a               fireworks display, scheduled to begin at
                                           small entities that question or complain                category of actions that do not                       8:30 p.m. on March 24, 2018.
                                           about this rule or any policy or action                 individually or cumulatively have a                      (b) Enforcement period. The zone
                                           of the Coast Guard.                                     significant effect on the human                       described in paragraph (a) of this
                                                                                                   environment. This rule is categorically               section will be enforced from 11:00 a.m.
                                           C. Collection of Information                            excluded from further review under                    until approximately 9:15 p.m. March 24,
                                             This rule will not call for a new                     paragraph L60(c) of Section L of the                  2018. The Captain of the Port San
                                           collection of information under the                     Department of Homeland Security                       Francisco (COTP) will notify the
                                           Paperwork Reduction Act of 1995 (44                     Instruction Manual 023–01–001–01                      maritime community of periods during
                                           U.S.C. 3501–3520).                                      (series). An environmental analysis                   which these zones will be enforced via
                                                                                                   checklist supporting this determination               Broadcast Notice to Mariners.
                                           D. Federalism and Indian Tribal                         and Record of Environmental                              (c) Definitions. As used in this
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                                           Governments                                             Consideration (REC) are available in the              section, ‘‘designated representative’’
                                              A rule has implications for federalism               docket where indicated under                          means a Coast Guard Patrol
                                           under Executive Order 13132,                            ADDRESSES. We seek any comments or                    Commander, including a Coast Guard
                                           Federalism, if it has a substantial direct              information that may lead to the                      coxswain, petty officer, or other officer
                                           effect on the States, on the relationship               discovery of a significant environmental              on a Coast Guard vessel or a Federal,
                                           between the national government and                     impact from this rule.                                State, or local officer designated by or


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                                                               Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Rules and Regulations                                          12667

                                           assisting the COTP in the enforcement                   for full or partial transit of the Seaway             form of all comments received into any
                                           of the safety zone.                                     will apply in the U.S. (See                           of our dockets by the name of the
                                             (d) Regulations. (1) Under the general                SUPPLEMENTARY INFORMATION.) The Tariff                individual submitting the comment (or
                                           regulations in 33 CFR part 165, subpart                 of Tolls will become effective in Canada              signing the comment, if submitted on
                                           C, entry into, transiting or anchoring                  on March 29, 2018. For consistency,                   behalf of an association, business, labor
                                           within this safety zone is prohibited                   because these are joint regulations                   union, etc.). You may review DOT’s
                                           unless authorized by the COTP or the                    under international agreement, and to                 complete Privacy Act Statement in the
                                           COTP’s designated representative.                       avoid confusion among users of the                    Federal Register published on April 11,
                                             (2) The safety zone is closed to all                  Seaway, the SLSDC finds that there is                 2000 (Volume 65, Number 70; Pages
                                           vessel traffic, except as may be                        good cause to make the U.S. version of                19477–78) or you may visit http://
                                           permitted by the COTP or a designated                   the amendments effective on the same                  dms.dot.gov.
                                           representative.                                         date.
                                             (3) Vessel operators desiring to enter                                                                      Regulatory Evaluation
                                                                                                   DATES: This rule is effective on March
                                           or operate within the safety zone must                  29, 2018.                                                This regulation involves a foreign
                                           contact the COTP or a designated                                                                              affairs function of the United States and
                                                                                                   ADDRESSES: Docket: For access to the
                                           representative to obtain permission to                                                                        therefore, Executive Order 12866 does
                                           do so. Vessel operators given permission                docket to read background documents
                                                                                                   or comments received, go to http://                   not apply and evaluation under the
                                           to enter or operate in the safety zone                                                                        Department of Transportation’s
                                                                                                   www.Regulations.gov; or in person at
                                           must comply with all directions given to                                                                      Regulatory Policies and Procedures is
                                                                                                   the Docket Management Facility; U.S.
                                           them by the COTP or a designated                                                                              not required.
                                                                                                   Department of Transportation, 1200
                                           representative. Persons and vessels may
                                                                                                   New Jersey Avenue SE, West Building                   Regulatory Flexibility Act
                                           request permission to enter the safety
                                                                                                   Ground Floor, Room W12–140,                           Determination
                                           zones on VHF–23A or through the 24-
                                                                                                   Washington, DC 20590–001, between 9
                                           hour Command Center at telephone                                                                                 I certify this regulation will not have
                                                                                                   a.m. and 5 p.m., Monday through
                                           (415) 399–3547.                                                                                               a significant economic impact on a
                                                                                                   Friday, except Federal Holidays.
                                             Dated: March 19, 2018.                                                                                      substantial number of small entities.
                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                           Anthony J. Ceraolo,
                                                                                                                                                         The St. Lawrence Seaway Tariff of Tolls
                                                                                                   Carrie Mann Lavigne, Chief Counsel,                   primarily relate to commercial users of
                                           Captain, U.S. Coast Guard, Captain of the               Saint Lawrence Seaway Development
                                           Port, San Francisco.
                                                                                                                                                         the Seaway, the vast majority of whom
                                                                                                   Corporation, 180 Andrews Street,                      are foreign vessel operators. Therefore,
                                           [FR Doc. 2018–05922 Filed 3–22–18; 8:45 am]             Massena, New York 13662; 315/764–                     any resulting costs will be borne mostly
                                           BILLING CODE 9110–04–P                                  3200.                                                 by foreign vessels.
                                                                                                   SUPPLEMENTARY INFORMATION: The Saint
                                                                                                   Lawrence Seaway Development                           Environmental Impact
                                           DEPARTMENT OF TRANSPORTATION                            Corporation (SLSDC) and the St.                          This regulation does not require an
                                                                                                   Lawrence Seaway Management                            environmental impact statement under
                                           Saint Lawrence Seaway Development                       Corporation (SLSMC) of Canada, under                  the National Environmental Policy Act
                                           Corporation                                             international agreement, jointly publish              (49 U.S.C. 4321, et reg.) because it is not
                                                                                                   and presently administer the St.                      a major federal action significantly
                                           33 CFR Part 402                                         Lawrence Seaway Tariff of Tolls                       affecting the quality of the human
                                           [Docket No. SLSDC–2016–0005]                            (Schedule of Fees and Charges in                      environment.
                                                                                                   Canada) in their respective jurisdictions.
                                           RIN 2135–AA44                                              The Tariff sets forth the level of tolls           Federalism
                                                                                                   assessed on all commodities and vessels                 The Corporation has analyzed this
                                           Tariff of Tolls
                                                                                                   transiting the facilities operated by the             rule under the principles and criteria in
                                           AGENCY:  Saint Lawrence Seaway                          SLSDC and the SLSMC. The SLSDC is                     Executive Order 13132, dated August 4,
                                           Development Corporation, DOT.                           revising 33 CFR 402.12, ‘‘Schedule of                 1999, and has determined that this rule
                                           ACTION: Final rule.                                     tolls’’, to reflect the fees and charges              does not have sufficient federalism
                                                                                                   levied by the SLSMC in Canada                         implications to warrant a Federalism
                                           SUMMARY:    The Saint Lawrence Seaway                   beginning in the 2018 navigation                      Assessment.
                                           Development Corporation (SLSDC) and                     season. With one exception, the changes
                                           the St. Lawrence Seaway Management                      affect the tolls for commercial vessels               Unfunded Mandates
                                           Corporation (SLSMC) of Canada, under                    and are applicable only in Canada. The                   The Corporation has analyzed this
                                           international agreement, jointly publish                collection of tolls by the SLSDC on                   rule under Title II of the Unfunded
                                           and presently administer the St.                        commercial vessels transiting the U.S.                Mandates Reform Act of 1995 (Pub. L.
                                           Lawrence Seaway Tariff of Tolls in their                locks is waived by law (33 U.S.C.                     104–4, 109 Stat. 48) and determined that
                                           respective jurisdictions. The Tariff sets               988a(a)).                                             it does not impose unfunded mandates
                                           forth the level of tolls assessed on all                   The SLSDC is amending 33 CFR                       on State, local, and tribal governments
                                           commodities and vessels transiting the                  402.12, ‘‘Schedule of tolls’’, to increase            and the private sector requiring a
                                           facilities operated by the SLSDC and the                the minimum charge per vessel per lock                written statement of economic and
                                           SLSMC. The SLSDC is revising its                        for full or partial transit of the Seaway             regulatory alternatives.
                                           regulations to reflect the fees and                     from $28.01 to $28.29. This charge is for
                                           charges levied by the SLSMC in Canada                                                                         Paperwork Reduction Act
                                                                                                   vessels that are not pleasure craft or
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                                           starting in the 2018 navigation season,                 subject in Canada to the tolls under                    This regulation has been analyzed
                                           which are effective only in Canada. An                  items 1 and 2 of the Tariff. This increase            under the Paperwork Reduction Act of
                                           amendment to increase the minimum                       is due to higher operating costs at the               1995 and does not contain new or
                                           charge per lock for those vessels that are              locks.                                                modified information collection
                                           not pleasure craft or subject in Canada                    Regulatory Notices: Privacy Act:                   requirements subject to the Office of
                                           to tolls under items 1 and 2 of the Tariff              Anyone is able to search the electronic               Management and Budget review.


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Document Created: 2018-11-01 08:53:28
Document Modified: 2018-11-01 08:53:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 11:00 a.m. to 9:15 p.m. on March 24, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Junior Grade Emily Rowan, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at D11-PF- [email protected]
FR Citation83 FR 12665 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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