83_FR_21975 83 FR 21883 - Safety Zone; Barge PFE-LB444, San Joaquin River, Blackslough Landing, CA

83 FR 21883 - Safety Zone; Barge PFE-LB444, San Joaquin River, Blackslough Landing, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 92 (May 11, 2018)

Page Range21883-21885
FR Document2018-10044

The Coast Guard is establishing a temporary safety zone for navigable waters of the San Joaquin River due to an unstable, partially submerged barge with hull number PFE-LB444. The temporary safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the barge and associated recovery efforts. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port San Francisco.

Federal Register, Volume 83 Issue 92 (Friday, May 11, 2018)
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21883-21885]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10044]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0387]
RIN 1625-AA00


Safety Zone; Barge PFE-LB444, San Joaquin River, Blackslough 
Landing, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the San Joaquin River due to an unstable, partially 
submerged barge with hull number PFE-LB444. The temporary safety zone 
is needed to protect personnel, vessels, and the marine environment 
from potential hazards created by the barge and associated recovery 
efforts. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port San 
Francisco.

DATES: This rule is effective without actual notice from May 11, 2018 
until May 31, 2018. For the purposes of enforcement, actual notice will 
be used from May 7, 2018 until May 11, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0387 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Emily K. Rowan, U.S. Coast Guard 
Sector San Francisco; telephone 415-399-7443, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 (NPRM) 
with respect to this rule because of the emergent nature of the 
situation. Notice and comment procedures would be impracticable because 
immediate action is needed protect personnel, vessels, and the marine 
environment from potential hazards associated with the barge and 
associated recovery efforts.
    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 the reasons stated above, 
delaying the effective date of the rule would be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department 
of Homeland Security Delegation No. 0170.1, which collectively 
authorize the Coast Guard to establish safety zones. The Captain of the 
Port San Francisco (COTP) has determined that potential hazards 
associated with the barge and associated recovery efforts will be a 
safety concern for anyone within a 90-yard radius of the barge. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from May 7, 2018 
through May 31, 2018. The safety zone will cover all navigable waters 
within 90 yards of the unstable barge and associated recovery efforts 
centered in approximate position 37[deg] 59' 41.88'' N, 121[deg] 25' 
8.88'' W (NAD 83). The effect of the temporary safety zone is intended 
to protect personnel, vessels, and the marine environment in these 
navigable waters from potential hazards associated with the barge and 
associated recovery efforts. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.

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 zone. 
Although this rule restricts access to the waters encompassed by the 
safety zone, the effect of this rule will not be significant because 
the local waterway users will be notified via

[[Page 21884]]

public Broadcast Notice to Mariners to ensure the safety zone will 
result in minimum impact. The entities most likely to be affected are 
waterfront facilities, commercial vessels, and pleasure craft engaged 
in recreational activities.

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.
    This rule may affect the following entities, some of which may be 
small entities: owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing, if these facilities or vessels are in the 
vicinity of the safety zone at times when this zone is being enforced. 
This rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons: (i) this rule will 
encompass only a small portion of the waterway for a limited period of 
time, and (ii) the maritime public will be advised in advance of these 
safety zones via Broadcast Notice to Mariners.
    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 
Management Directive 023-01, which guides 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 safety zones of 
limited size and duration. It is categorically excluded from further 
review under Categorical Exclusion L60(d) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination will be prepared and 
submitted after issuance or publication in accordance with DHS 
Instruction Manual 023-01-001-01, Rev. 01.

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.T11-924 to read as follows:


Sec.  165.T11-924   Safety Zone; Barge PFE-LB444, San Joaquin River, 
Blackslough Landing, CA.

    (a) Location. The following area is a safety zone: all navigable 
waters within 90 yards of the unstable, partially submerged barge and 
associated recovery efforts centered in approximate position 37[deg] 
59' 41.88'' N, 121[deg] 25' 8.88'' W (NAD 83).
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from May 7, 2018 through May 31, 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 in accordance with Sec.  165.7.
    (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

[[Page 21885]]

on a Coast Guard vessel or a Federal, State, or local officer 
designated by or assisting the COTP in the enforcement of the safety 
zone.
    (d) Regulations. (1) Under the general regulations in subpart C of 
this part, 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: May 7, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-10044 Filed 5-10-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                    Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations                                        21883

                                              operating near the lava ocean-entry                     vessels or persons into this zone is                  U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                              points. Persons authorized initial entry                prohibited unless specifically                        6.04–6, 160.5; Department of Homeland
                                              may, thereafter, contact the COTP                       authorized by the Captain of the Port                 Security Delegation No. 0170.1, which
                                              Honolulu through his designated                         San Francisco.                                        collectively authorize the Coast Guard
                                              representatives at the Command Center                   DATES: This rule is effective without                 to establish safety zones. The Captain of
                                              via telephone: 808–842–2600 and 808–                    actual notice from May 11, 2018 until                 the Port San Francisco (COTP) has
                                              842–2601; fax: 808–842–2642; or on                      May 31, 2018. For the purposes of                     determined that potential hazards
                                              VHF channel 16 (156.8 Mhz) to request                   enforcement, actual notice will be used               associated with the barge and associated
                                              permission to transit the safety zone.                  from May 7, 2018 until May 11, 2018.                  recovery efforts will be a safety concern
                                                 (4) If permission is granted, all                    ADDRESSES: To view documents                          for anyone within a 90-yard radius of
                                              persons and vessels must comply with                    mentioned in this preamble as being                   the barge. This rule is needed to protect
                                              the instructions of the COTP Honolulu,                  available in the docket, go to http://                personnel, vessels, and the marine
                                              or his designated representative, and                   www.regulations.gov, type USCG–2018–                  environment in the navigable waters
                                              proceed at the minimum speed                            0387 in the ‘‘SEARCH’’ box and click                  within the safety zone.
                                              necessary to maintain a safe course                     ‘‘SEARCH.’’ Click on Open Docket                      IV. Discussion of the Rule
                                              while transiting through or in the safety               Folder on the line associated with this
                                              zone as well as maintain a safe distance                rule.                                                    This rule establishes a temporary
                                              from the lava hazards.                                                                                        safety zone from May 7, 2018 through
                                                                                                      FOR FURTHER INFORMATION CONTACT: If
                                                 (5) The COTP Honolulu will provide                                                                         May 31, 2018. The safety zone will
                                                                                                      you have questions on this rule, call or
                                              notice of enforcement of the safety zone                                                                      cover all navigable waters within 90
                                                                                                      email Lieutenant Junior Grade Emily K.
                                              described in this section by verbal radio                                                                     yards of the unstable barge and
                                                                                                      Rowan, U.S. Coast Guard Sector San
                                              broadcasts and written notice to                                                                              associated recovery efforts centered in
                                                                                                      Francisco; telephone 415–399–7443,
                                              mariners. The Coast Guard vessels                                                                             approximate position 37° 59′ 41.88″ N,
                                                                                                      email emily.k.rowan@uscg.mil.
                                              enforcing this section can be contacted                                                                       121° 25′ 8.88″ W (NAD 83). The effect
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              on marine band radio VHF–FM channel                                                                           of the temporary safety zone is intended
                                              16 (156.8 MHZ). The COTP Honolulu                       I. Table of Abbreviations                             to protect personnel, vessels, and the
                                              and his or her designated                                                                                     marine environment in these navigable
                                              representatives can be contacted at                     CFR Code of Federal Regulations                       waters from potential hazards associated
                                                                                                      DHS Department of Homeland Security                   with the barge and associated recovery
                                              telephone number listed in paragraph                    FR Federal Register
                                              (c)(3) of this section.                                                                                       efforts. No vessel or person will be
                                                                                                      NPRM Notice of proposed rulemaking
                                                 (6) The Coast Guard may be assisted                  § Section                                             permitted to enter the safety zone
                                              in the patrol and enforcement of the                    U.S.C. United States Code                             without obtaining permission from the
                                              safety zone by Federal, State, and local                                                                      COTP or a designated representative.
                                              agencies.                                               II. Background Information and
                                                                                                      Regulatory History                                    V. Regulatory Analyses
                                                Dated: May 7, 2018.                                                                                           We developed this rule after
                                                                                                         The Coast Guard is issuing this
                                              M.C. Long,                                                                                                    considering numerous statutes and
                                                                                                      temporary rule without prior notice and
                                              Captain, U.S. Coast Guard, Captain of the               opportunity to comment pursuant to                    Executive orders related to rulemaking.
                                              Port Honolulu.                                                                                                Below we summarize our analyses
                                                                                                      authority under section 4(a) of the
                                              [FR Doc. 2018–10049 Filed 5–10–18; 8:45 am]             Administrative Procedure Act (APA) (5                 based on a number of these statutes and
                                              BILLING CODE 9110–04–P                                  U.S.C. 553(b)). This provision                        Executive orders, and we discuss First
                                                                                                      authorizes an agency to issue a rule                  Amendment rights of protestors.
                                                                                                      without prior notice and opportunity to               A. Regulatory Planning and Review
                                              DEPARTMENT OF HOMELAND                                  comment when the agency for good
                                              SECURITY                                                cause finds that those procedures are                    Executive Orders 12866 and 13563
                                                                                                      ‘‘impracticable, unnecessary, or contrary             direct agencies to assess the costs and
                                              Coast Guard                                                                                                   benefits of available regulatory
                                                                                                      to the public interest.’’ Under 5 U.S.C.
                                                                                                      553(b)(B), the Coast Guard finds that                 alternatives and, if regulation is
                                              33 CFR Part 165                                                                                               necessary, to select regulatory
                                                                                                      good cause exists for not publishing a
                                              [Docket Number USCG–2018–0387]                          notice of proposed rulemaking (NPRM)                  approaches that maximize net benefits.
                                                                                                      with respect to this rule because of the              Executive Order 13771 directs agencies
                                              RIN 1625–AA00                                                                                                 to control regulatory costs through a
                                                                                                      emergent nature of the situation. Notice
                                                                                                      and comment procedures would be                       budgeting process. This rule has not
                                              Safety Zone; Barge PFE–LB444, San
                                                                                                      impracticable because immediate action                been designated a ‘‘significant
                                              Joaquin River, Blackslough Landing,
                                                                                                      is needed protect personnel, vessels,                 regulatory action,’’ under Executive
                                              CA
                                                                                                      and the marine environment from                       Order 12866. Accordingly, this rule has
                                              AGENCY:    Coast Guard, DHS.                            potential hazards associated with the                 not been reviewed by the Office of
                                              ACTION:   Temporary final rule.                         barge and associated recovery efforts.                Management and Budget (OMB), and
                                                                                                         Under 5 U.S.C. 553(d)(3), the Coast                pursuant to OMB guidance it is exempt
                                              SUMMARY:   The Coast Guard is                           Guard finds that good cause exists for                from the requirements of Executive
                                              establishing a temporary safety zone for                making this rule effective less than 30               Order 13771.
                                              navigable waters of the San Joaquin                     days after publication in the Federal                    This regulatory action determination
sradovich on DSK3GMQ082PROD with RULES




                                              River due to an unstable, partially                     Register. For the reasons stated above,               is based on the limited duration and
                                              submerged barge with hull number                        delaying the effective date of the rule               narrowly tailored geographic area of the
                                              PFE–LB444. The temporary safety zone                    would be impracticable.                               safety zone. Although this rule restricts
                                              is needed to protect personnel, vessels,                                                                      access to the waters encompassed by the
                                              and the marine environment from                         III. Legal Authority and Need for Rule                safety zone, the effect of this rule will
                                              potential hazards created by the barge                     The Coast Guard is issuing this rule               not be significant because the local
                                              and associated recovery efforts. Entry of               under authority in 33 U.S.C. 1231; 50                 waterway users will be notified via


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                                              21884                 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations

                                              public Broadcast Notice to Mariners to                  small entities that question or complain              zones of limited size and duration. It is
                                              ensure the safety zone will result in                   about this rule or any policy or action               categorically excluded from further
                                              minimum impact. The entities most                       of the Coast Guard.                                   review under Categorical Exclusion
                                              likely to be affected are waterfront                                                                          L60(d) of Appendix A, Table 1 of DHS
                                                                                                      C. Collection of Information
                                              facilities, commercial vessels, and                                                                           Instruction Manual 023–01–001–01,
                                              pleasure craft engaged in recreational                    This rule will not call for a new                   Rev. 01. A Record of Environmental
                                              activities.                                             collection of information under the                   Consideration supporting this
                                                                                                      Paperwork Reduction Act of 1995 (44                   determination will be prepared and
                                              B. Impact on Small Entities                             U.S.C. 3501–3520).                                    submitted after issuance or publication
                                                 The Regulatory Flexibility Act of 1980                                                                     in accordance with DHS Instruction
                                              (RFA), 5 U.S.C. 601–612, as amended,                    D. Federalism and Indian Tribal
                                                                                                      Governments                                           Manual 023–01–001–01, Rev. 01.
                                              requires federal agencies to consider the
                                              potential impact of regulations on small                   A rule has implications for federalism             G. Protest Activities
                                              entities during rulemaking. The term                    under Executive Order 13132,                            The Coast Guard respects the First
                                              ‘‘small entities’’ comprises small                      Federalism, if it has a substantial direct            Amendment rights of protesters.
                                              businesses, not-for-profit organizations                effect on the States, on the relationship             Protesters are asked to contact the
                                              that are independently owned and                        between the national government and                   person listed in the FOR FURTHER
                                              operated and are not dominant in their                  the States, or on the distribution of                 INFORMATION CONTACT section to
                                              fields, and governmental jurisdictions                  power and responsibilities among the                  coordinate protest activities so that your
                                              with populations of less than 50,000.                   various levels of government. We have                 message can be received without
                                              The Coast Guard certifies under 5 U.S.C.                analyzed this rule under that Order and               jeopardizing the safety or security of
                                              605(b) that this rule will not have a                   have determined that it is consistent                 people, places or vessels.
                                              significant economic impact on a                        with the fundamental federalism
                                              substantial number of small entities.                   principles and preemption requirements                List of Subjects in 33 CFR Part 165
                                                 This rule may affect the following                   described in Executive Order 13132.                     Harbors, Marine safety, Navigation
                                              entities, some of which may be small                       Also, this rule does not have tribal               (water), Reporting and recordkeeping
                                              entities: owners and operators of                       implications under Executive Order                    requirements, Security measures,
                                              waterfront facilities, commercial                       13175, Consultation and Coordination                  Waterways.
                                              vessels, and pleasure craft engaged in                  with Indian Tribal Governments,                         For the reasons discussed in the
                                              recreational activities and sightseeing, if             because it does not have a substantial                preamble, the Coast Guard amends 33
                                              these facilities or vessels are in the                  direct effect on one or more Indian                   CFR part 165 as follows:
                                              vicinity of the safety zone at times when               tribes, on the relationship between the
                                              this zone is being enforced. This rule                  Federal Government and Indian tribes,                 PART 165—REGULATED NAVIGATION
                                              will not have a significant economic                    or on the distribution of power and                   AREAS AND LIMITED ACCESS AREAS
                                              impact on a substantial number of small                 responsibilities between the Federal
                                              entities for the following reasons: (i) this            Government and Indian tribes. If you                  ■ 1. The authority citation for part 165
                                              rule will encompass only a small                        believe this rule has implications for                continues to read as follows:
                                              portion of the waterway for a limited                   federalism or Indian tribes, please                     Authority: 33 U.S.C 1231; 50 U.S.C. 191;
                                              period of time, and (ii) the maritime                   contact the person listed in the FOR                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              public will be advised in advance of                    FURTHER INFORMATION CONTACT section                   Department of Homeland Security Delegation
                                              these safety zones via Broadcast Notice                 above.                                                No. 0170.1.
                                              to Mariners.                                                                                                  ■ 2. Add § 165.T11–924 to read as
                                                 Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                            follows:
                                              Business Regulatory Enforcement                           The Unfunded Mandates Reform Act
                                              Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 § 165.T11–924 Safety Zone; Barge PFE–
                                              we want to assist small entities in                     Federal agencies to assess the effects of             LB444, San Joaquin River, Blackslough
                                              understanding this rule. If the rule                    their discretionary regulatory actions. In            Landing, CA.
                                              would affect your small business,                       particular, the Act addresses actions                   (a) Location. The following area is a
                                              organization, or governmental                           that may result in the expenditure by a               safety zone: all navigable waters within
                                              jurisdiction and you have questions                     State, local, or tribal government, in the            90 yards of the unstable, partially
                                              concerning its provisions or options for                aggregate, or by the private sector of                submerged barge and associated
                                              compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              recovery efforts centered in approximate
                                              listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                position 37° 59′ 41.88″ N, 121° 25′ 8.88″
                                              CONTACT section.                                        will not result in such an expenditure,               W (NAD 83).
                                                 Small businesses may send comments                   we do discuss the effects of this rule                  (b) Enforcement period. The zone
                                              on the actions of Federal employees                     elsewhere in this preamble.                           described in paragraph (a) of this
                                              who enforce, or otherwise determine                                                                           section will be enforced from May 7,
                                              compliance with, Federal regulations to                 F. Environment                                        2018 through May 31, 2018. The
                                              the Small Business and Agriculture                        We have analyzed this rule under                    Captain of the Port San Francisco
                                              Regulatory Enforcement Ombudsman                        Department of Homeland Security                       (COTP) will notify the maritime
                                              and the Regional Small Business                         Management Directive 023–01, which                    community of periods during which
                                              Regulatory Fairness Boards. The                         guides the Coast Guard in complying                   these zones will be enforced via
sradovich on DSK3GMQ082PROD with RULES




                                              Ombudsman evaluates these actions                       with the National Environmental Policy                Broadcast Notice to Mariners in
                                              annually and rates each agency’s                        Act of 1969 (42 U.S.C. 4321–4370f), and               accordance with § 165.7.
                                              responsiveness to small business. If you                have determined that this action is one                 (c) Definitions. As used in this
                                              wish to comment on actions by                           of a category of actions that do not                  section, ‘‘designated representative’’
                                              employees of the Coast Guard, call 1–                   individually or cumulatively have a                   means a Coast Guard Patrol
                                              888–REG–FAIR (1–888–734–3247). The                      significant effect on the human                       Commander, including a Coast Guard
                                              Coast Guard will not retaliate against                  environment. This rule involves safety                coxswain, petty officer, or other officer


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                                                                    Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations                                               21885

                                              on a Coast Guard vessel or a Federal,                   DATES:  The regulations in 33 CFR                       Dated: April 20, 2018.
                                              State, or local officer designated by or                165.930 will be enforced from 7:45 p.m.               Thomas J. Stuhlreyer,
                                              assisting the COTP in the enforcement                   to 8:40 p.m. on May 18, 2018.                         Captain, U.S. Coast Guard, Captain of the
                                              of the safety zone.                                                                                           Port Lake Michigan.
                                                (d) Regulations. (1) Under the general                FOR FURTHER INFORMATION CONTACT:   If
                                                                                                                                                            [FR Doc. 2018–10102 Filed 5–10–18; 8:45 am]
                                              regulations in subpart C of this part,                  you have questions about this notice of
                                                                                                                                                            BILLING CODE 9110–04–P
                                              entry into, transiting or anchoring                     enforcement, call or email LT John
                                              within this safety zone is prohibited                   Ramos, Waterways Management
                                              unless authorized by the COTP or the                    Division, Marine Safety Unit Chicago,                 DEPARTMENT OF HOMELAND
                                              COTP’s designated representative.                       telephone 630–986–2155, email address                 SECURITY
                                                (2) The safety zone is closed to all                  D09-DG-MSUChicago-Waterways@
                                              vessel traffic, except as may be                        uscg.mil.                                             Coast Guard
                                              permitted by the COTP or a designated
                                              representative.                                         SUPPLEMENTARY INFORMATION:      The Coast             33 CFR Part 165
                                                (3) Vessel operators desiring to enter                Guard will enforce a segment of the
                                                                                                                                                            [Docket No. USCG–2018–0337]
                                              or operate within the safety zone must                  Safety Zone: Brandon Road Lock and
                                              contact the COTP or a designated                        Dam to Lake Michigan including Des                    Recurring Safety Zone; Corpus Christi
                                              representative to obtain permission to                  Plaines River, Chicago Sanitary and                   Hooks Baseball Team/Friday Night
                                              do so. Vessel operators given permission                Ship Canal, Chicago River, Calumet-                   Fireworks
                                              to enter or operate in the safety zone                  Saganashkee Channel, Chicago, IL,
                                              must comply with all directions given to                listed in 33 CFR 165.930. Specifically,               AGENCY:  Coast Guard, DHS.
                                              them by the COTP or a designated                        the Coast Guard will enforce this safety              ACTION: Notice of enforcement of
                                              representative. Persons and vessels may                 zone on all waters of the Main Branch                 regulation.
                                              request permission to enter the safety                  of the Chicago River between the Wells                SUMMARY:   The Coast Guard will enforce
                                              zones on VHF–23A or through the 24-                     Street Bridge, mile marker 325.8 and the              safety zones for the Corpus Christi
                                              hour Command Center at telephone                        Wabash Avenue Bridge, mile marker                     Hooks Baseball Team/Friday Night
                                              (415) 399–3547.                                         326.2. Enforcement will occur from 7:45               Fireworks on odd week Fridays from
                                                                                                      p.m. to 8:40 p.m. on May 18, 2018.                    May 11, 2018 through August 24, 2018,
                                                Dated: May 7, 2018.
                                                                                                      During the enforcement period, no                     to provide for the safety of life on
                                              Anthony J. Ceraolo,
                                                                                                      vessel may transit this regulated area                navigable waterways during this event.
                                              Captain, U.S. Coast Guard, Captain of the               without approval from the Captain of
                                              Port, San Francisco.
                                                                                                                                                            Our regulation for marine events within
                                                                                                      the Port Lake Michigan or a designated                the Eighth Coast Guard District
                                              [FR Doc. 2018–10044 Filed 5–10–18; 8:45 am]
                                                                                                      representative. Vessels and persons                   identifies the regulated area for this
                                              BILLING CODE 9110–04–P
                                                                                                      granted permission to enter the safety                event in Corpus Christi, TX. During the
                                                                                                      zone shall obey all lawful orders or                  enforcement periods, entry into these
                                              DEPARTMENT OF HOMELAND                                  directions of the Captain of the Port                 zones is prohibited unless authorized by
                                              SECURITY                                                Lake Michigan, or his or her on-scene                 the Captain of the Port Sector Corpus
                                                                                                      representative.                                       Christi (COTP) or a designated
                                              Coast Guard                                                                                                   representative.
                                                                                                         This notice of enforcement is issued
                                                                                                      under the authority of 33 CFR 165.930                 DATES: The regulations in 33 CFR
                                              33 CFR Part 165                                         and 5 U.S.C. 552(a). In addition to this              165.801, Table 4, Line 13 will be
                                                                                                      publication in the Federal Register, the              enforced from 8 p.m. through 11:59
                                              [Docket No. USCG–2018–0361]                             Captain of the Port Lake Michigan will                p.m., each day on May 11, May 25, June
                                                                                                      also provide notice through other                     8, June 22, July 6, July 20, August 10,
                                              Safety Zone; Brandon Road Lock and                                                                            and August 24, 2018.
                                                                                                      means, which will include Broadcast
                                              Dam to Lake Michigan Including Des                                                                            FOR FURTHER INFORMATION CONTACT: If
                                                                                                      Notice to Mariners and Local Notice to
                                              Plaines River, Chicago Sanitary and                                                                           you have questions about this notice of
                                                                                                      Mariners. Additionally, the Captain of
                                              Ship Canal, Chicago River, and                                                                                enforcement, call or email Petty Officer
                                              Calumet-Saganashkee Channel,                            the Port Lake Michigan may notify
                                                                                                      representatives from the maritime                     Kevin Kyles, Waterways Management
                                              Chicago, IL                                                                                                   Division, U.S. Coast Guard; telephone
                                                                                                      industry through telephonic
                                              AGENCY:  Coast Guard, DHS.                                                                                    361–939–5125, email Kevin.L.Kyles@
                                                                                                      notifications, email notifications, or by
                                                                                                                                                            uscg.mil.
                                              ACTION: Notice of enforcement of                        direct communication from on scene
                                              regulation.                                             patrol commanders. If the Captain of the              SUPPLEMENTARY INFORMATION: The Coast
                                                                                                      Port or a designated representative                   Guard will enforce safety zones in 33
                                              SUMMARY:   The Coast Guard will enforce                 determines that the regulated area need               CFR 165.801, Table 4, Line 13, for the
                                              a segment of the Safety Zone: Brandon                   not be enforced for the full duration                 Corpus Christi Hooks Baseball Team/
                                              Road Lock and Dam to Lake Michigan                      stated in this notice, he or she may use              Friday Night Fireworks regulated area
                                              including Des Plaines River, Chicago                                                                          from 8 p.m. through 11:59 p.m. on May
                                                                                                      a Broadcast Notice to Mariners to grant
                                              Sanitary and Ship Canal, Chicago River,                                                                       11, May 25, June 8, June 22, July 6, July
                                                                                                      general permission to enter the
                                              Calumet-Saganashkee Channel on all                                                                            20, August 10, and August 24, 2018.
                                                                                                      regulated area. The Captain of the Port
sradovich on DSK3GMQ082PROD with RULES




                                              waters of the Main Branch of the                                                                              This action is being taken to provide for
                                              Chicago River between the Wells Street                  Lake Michigan or a designated on-scene                the safety of life on navigable waterways
                                              Bridge and the Wabash Street Bridge.                    representative may be contacted via                   during this recurring event. Our
                                              This action is necessary to protect                     Channel 16, VHF–FM or at (414) 747–                   regulation for marine events within the
                                              mariners from the hazards associated                    7182.                                                 Eighth Coast Guard District, § 165.801,
                                              with the hazards of a bridge based                                                                            specifies the location of the regulated
                                              fireworks display.                                                                                            area for the Corpus Christi Hooks


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Document Created: 2018-11-02 09:49:04
Document Modified: 2018-11-02 09:49:04
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 without actual notice from May 11, 2018 until May 31, 2018. For the purposes of enforcement, actual notice will be used from May 7, 2018 until May 11, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Junior Grade Emily K. Rowan, U.S. Coast Guard Sector San Francisco; telephone 415-399-7443, email [email protected]
FR Citation83 FR 21883 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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