83 FR 30872 - Safety Zones; Fourth of July Fireworks in Captain of the Port San Francisco Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 127 (July 2, 2018)
Coast Guard
Federal Register Volume 83, Issue 127 (July 2, 2018)
| Page Range | 30872-30875 | |
| FR Document | 2018-14131 |
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)] [Rules and Regulations] [Pages 30872-30875] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14131] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2018-0483] Safety Zones; Fourth of July Fireworks in Captain of the Port San Francisco Zone AGENCY: Coast Guard, DHS. [[Page 30873]] ACTION: Notice of enforcement of regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will enforce various safety zones within the Captain of the Port San Francisco Zone on specified dates and times. This action is necessary to ensure the safety of vessels, spectators and participants from hazards associated with fireworks. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM). DATES: The regulations in 33 CFR 165.1191, Table 1, will be enforced on the date ranges identified in the SUPPLEMENTARY INFORMATION section below. The Coast Guard will provide the maritime community with extensive advance notification of the specific safety zone enforcement periods via the Local Notice to Mariners. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 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: The Coast Guard will enforce the safety zones listed in 33 CFR 165.1191 on the specified date ranges as indicated in the Table below. Specific event times will be published in the Local Notice to Mariners at least 20 days prior to the date of each of the events. Table 1 ------------------------------------------------------------------------ ------------------------------------------------------------------------ 3. Fourth of July Fireworks, City of Eureka ------------------------------------------------------------------------ Sponsor................................... City of Eureka, CA. Event Description......................... Fireworks Display. Date...................................... July 4th. Location.................................. Humboldt Bay, CA. Regulated Area............................ 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ 4. Fourth of July Fireworks, Crescent City ------------------------------------------------------------------------ Sponsor................................... Crescent City, CA. Event Description......................... Fireworks Display. Date...................................... July 4th. Location.................................. Crescent City Harbor, Crescent City, CA. Regulated Area............................ Crescent City Harbor in the navigable waters within a 700-foot radius of the launch platform located on the West Jetty. ------------------------------------------------------------------------ 6. Fourth of July Fireworks, Redwood City ------------------------------------------------------------------------ Sponsor................................... Various Sponsors. Event Description......................... Fireworks Display. Date...................................... July 4th. Location.................................. Redwood City, CA. Regulated Area............................ 600-foot radius around the fireworks launch platform located on the pier at the Port of Redwood City. ------------------------------------------------------------------------ 8. Fourth of July Fireworks, Berkeley Marina ------------------------------------------------------------------------ Sponsor................................... Berkeley Marina. Event Description......................... Fireworks Display. Date...................................... July 4th. Location.................................. A barge located near Berkeley Pier at approximately 37[deg]51'40'' N, 122[deg]19'19'' W. Regulated Area............................ 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ 9. Fourth of July Fireworks, City of Richmond ------------------------------------------------------------------------ Sponsor................................... Various Sponsors. Event Description......................... Fireworks Display. Date...................................... Week of July 4th. Location.................................. A barge located in Richmond Harbor in approximate position 37[deg]54'40'' N, 122[deg]21'05'' W, Richmond, CA. Regulated Area............................ 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 560-foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ 10. Fourth of July Fireworks, City of Sausalito ------------------------------------------------------------------------ Sponsor................................... City of Sausalito. Event Description......................... Fireworks Display. Date...................................... July 4th. Location.................................. 1,000 feet off-shore from Sausalito, CA waterfront, north of Spinnaker Restaurant. Regulated Area............................ 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ 11. Fourth of July Fireworks, City of Martinez ------------------------------------------------------------------------ Sponsor................................... City of Martinez. Event Description......................... Fireworks Display. [[Page 30874]] Date...................................... July 4th. Location.................................. Carquinez Strait, CA. Regulated Area............................ The area of navigable waters within a 560-foot radius of the launch platform located near Waterfront Park. ------------------------------------------------------------------------ 12. Fourth of July Fireworks, City of Antioch ------------------------------------------------------------------------ Sponsor................................... City of Antioch. Event Description......................... Fireworks Display. Date...................................... July 4th. Location.................................. San Joaquin River, CA. Regulated Area............................ 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the moving fireworks display. ------------------------------------------------------------------------ 13. Fourth of July Fireworks, City of Pittsburg ------------------------------------------------------------------------ Sponsor................................... City of Pittsburg. Event Description......................... Fireworks Display. Date...................................... July 4th. Location.................................. Suisun Bay, CA. Regulated Area............................ The area of navigable waters within a 560-foot radius of the launch platform located on a Pittsburg Marina Pier. ------------------------------------------------------------------------ 14. Delta Independence Day Celebration Fireworks ------------------------------------------------------------------------ Sponsor................................... Various Sponsors. Event Description......................... Fireworks Display. Date...................................... Week of July 4th. Location.................................. San Joaquin River, near Mandeville Island, CA. Regulated Area............................ 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ 15. Fourth of July Fireworks, Tahoe City, CA ------------------------------------------------------------------------ Sponsor................................... Various Sponsors. Event Description......................... Fireworks Display. Date...................................... July 4th. Location.................................. Off-shore from Common Beach, Tahoe City, CA. Regulated Area............................ 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ 16. Fourth of July Fireworks, Glenbrook NV ------------------------------------------------------------------------ Sponsor................................... Various Sponsors. Event Description......................... Fireworks Display. Date...................................... July 4th. Location.................................. Off-shore Glenbrook Beach, NV. Regulated Area............................ 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ 17. Independence Day Fireworks, Kings Beach, CA ------------------------------------------------------------------------ Sponsor................................... North Tahoe Business Association. Event Description......................... Fireworks Display. Date...................................... Week of July 4th. Location.................................. Off-shore from Kings Beach, CA. Regulated Area............................ 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ 18. Lights on the Lake Fourth of July Fireworks, South Lake Tahoe, CA ------------------------------------------------------------------------ Sponsor................................... Various Sponsors. Event Description......................... Fireworks Display. Date...................................... Week of July 4th. Location.................................. Off South Lake Tahoe, CA near the NV Border. Regulated Area............................ 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ [[Page 30875]] Under the provisions of 33 CFR 165.1191, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone during all applicable effective dates and times, unless authorized to do so by the PATCOM. Additionally, each person who receives notice of a lawful order or direction issued by an official patrol vessel shall obey the order or direction. The PATCOM is empowered to forbid entry into and control the regulated area. The PATCOM shall be designated by the Commander, Coast Guard Sector San Francisco. The PATCOM may, upon request, allow the transit of commercial vessels through regulated areas when it is safe to do so. This notice is issued under authority of 33 CFR 165.1191 and 5 U.S.C. 552 a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with extensive advance notification of the safety zone and its enforcement period via the Local Notice to Mariners. If the Captain of the Port determines that the regulated area need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. Dated: June 26, 2018. Rebecca W. Deakin, Lieutenant Commander, U.S. Coast Guard, Chief, Waterways Management Division, Sector San Francisco, By Direction. [FR Doc. 2018-14131 Filed 6-29-18; 8:45 am] BILLING CODE 9110-04-P
![30872 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations
entities, for the reasons stated in section contact the person listed in the FOR Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
V.A above, this rule will not have a FURTHER INFORMATION CONTACT section 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
significant economic impact on any above. Department of Homeland Security Delegation
vessel owner or operator. No. 0170.1.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0587 to read as
Business Regulatory Enforcement The Unfunded Mandates Reform Act follows:
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
§ 165.T08–0587 Safety Zone; Lower
we want to assist small entities in Federal agencies to assess the effects of Mississippi River, Reserve, LA.
understanding this rule. If the rule their discretionary regulatory actions. In
would affect your small business, (a) Location. The following area is a
particular, the Act addresses actions
organization, or governmental safety zone: All navigable waters of
that may result in the expenditure by a
jurisdiction and you have questions Lower Mississippi River between mile
State, local, or tribal government, in the
concerning its provisions or options for marker (MM) 137.5 and MM 138.5,
aggregate, or by the private sector of
compliance, please contact the person Reserve, LA.
$100,000,000 (adjusted for inflation) or
listed in the FOR FURTHER INFORMATION (b) Effective period. This section is
more in any one year. Though this rule
CONTACT section.
effective from 8:45 p.m. through 9:45
will not result in such an expenditure,
Small businesses may send comments p.m. on July 3, 2018.
we do discuss the effects of this rule (c) Regulations. (1) In accordance with
on the actions of Federal employees elsewhere in this preamble.
who enforce, or otherwise determine the general regulations in § 165.23, entry
compliance with, Federal regulations to F. Environment into this zone is prohibited unless
the Small Business and Agriculture We have analyzed this rule under authorized by the Captain of the Port
Regulatory Enforcement Ombudsman Department of Homeland Security Sector New Orleans (COTP) or
and the Regional Small Business Directive 023–01 and Commandant designated representative. A designated
Regulatory Fairness Boards. The Instruction M16475.1D, which guide the representative is a commissioned,
Ombudsman evaluates these actions Coast Guard in complying with the warrant, or petty officer of the U.S.
annually and rates each agency’s National Environmental Policy Act of Coast Guard assigned to units under the
responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have operational control of USCG Sector New
wish to comment on actions by determined that this action is one of a Orleans.
employees of the Coast Guard, call 1– (2) Vessels requiring entry into this
category of actions that do not
888–REG–FAIR (1–888–734–3247). The safety zone must request permission
individually or cumulatively have a
Coast Guard will not retaliate against from the COTP or a designated
significant effect on the human
small entities that question or complain representative. They may be contacted
environment. This rule involves a
about this rule or any policy or action on VHF–FM Channel 16 or 67 or by
temporary safety zone lasting only one
of the Coast Guard. telephone at (504) 365–2200.
hour that will prohibit entry on a one-
(3) Persons and vessels permitted to
C. Collection of Information mile portion of the Lower Mississippi
enter this safety zone must transit at
River. It is categorically excluded from
This rule will not call for a new their slowest safe speed and comply
further review under paragraph L(60)a
collection of information under the with all lawful directions issued by the
of Appendix A, Table 1 of DHS
Paperwork Reduction Act of 1995 (44 COTP or the designated representative.
Instruction Manual 023–01–001–01,
U.S.C. 3501–3520). (d) Information broadcasts. The COTP
Rev. 01. A Record of Environmental
or a designated representative will
D. Federalism and Indian Tribal Consideration supporting this
inform the public of the enforcement
Governments determination is available in the docket
times and date for this safety zone
where indicated under ADDRESSES.
A rule has implications for federalism through Broadcast Notices to Mariners
under Executive Order 13132, G. Protest Activities (BNMs), Local Notices to Mariners
Federalism, if it has a substantial direct The Coast Guard respects the First (LNMs), and/or Marine Safety
effect on the States, on the relationship Amendment rights of protesters. Information Broadcasts (MSIBs) as
between the national government and Protesters are asked to contact the appropriate.
the States, or on the distribution of person listed in the FOR FURTHER Dated: June 25, 2018.
power and responsibilities among the INFORMATION CONTACT section to K.M. Luttrell,
various levels of government. We have coordinate protest activities so that your Captain, U.S. Coast Guard, Captain of the
analyzed this rule under that Order and message can be received without Port Sector New Orleans.
have determined that it is consistent jeopardizing the safety or security of [FR Doc. 2018–14178 Filed 6–29–18; 8:45 am]
with the fundamental federalism people, places or vessels. BILLING CODE 9110–04–P
principles and preemption requirements
described in Executive Order 13132. List of Subjects in 33 CFR Part 165
Also, this rule does not have tribal Harbors, Marine safety, Navigation DEPARTMENT OF HOMELAND
implications under Executive Order (water), Reporting and recordkeeping SECURITY
13175, Consultation and Coordination requirements, Security measures,
with Indian Tribal Governments, Waterways. Coast Guard
because it does not have a substantial For the reasons discussed in the
direct effect on one or more Indian preamble, the Coast Guard amends 33 33 CFR Part 165
tribes, on the relationship between the
daltland on DSKBBV9HB2PROD with RULES
CFR part 165 as follows: [Docket No. USCG–2018–0483]
Federal Government and Indian tribes,
or on the distribution of power and PART 165—REGULATED NAVIGATION Safety Zones; Fourth of July Fireworks
responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS in Captain of the Port San Francisco
Government and Indian tribes. If you Zone
believe this rule has implications for ■ 1. The authority citation for part 165
federalism or Indian tribes, please continues to read as follows: AGENCY: Coast Guard, DHS.
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![Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 30875
Under the provisions of 33 CFR maritime public and spectators from the persons and vessels from the hazards
165.1191, unauthorized persons or hazards posed by aerial fireworks associated with this event on July 3,
vessels are prohibited from entering displays. Entry of vessels or persons 2018.
into, transiting through, or anchoring in into this zone is prohibited unless
III. Legal Authority and Need for Rule
the safety zone during all applicable specifically authorized by the Captain of
effective dates and times, unless the Port (COTP) North Carolina or a The Coast Guard is issuing this rule
authorized to do so by the PATCOM. designated representative. under authority in 33 U.S.C. 1231. The
Additionally, each person who receives DATES: This rule is effective from 8:45 Captain of the Port North Carolina
notice of a lawful order or direction p.m. through 9:45 p.m. on July 3, 2018. (COTP) has determined that potential
issued by an official patrol vessel shall ADDRESSES: To view documents
hazards associated with the Surf City
obey the order or direction. The mentioned in this preamble as being fireworks display on July 3, 2018, is a
PATCOM is empowered to forbid entry available in the docket, go to http:// safety concern for maritime spectators
into and control the regulated area. The www.regulations.gov, type USCG–2018– during the launch of fireworks on the
PATCOM shall be designated by the 0604 in the ‘‘SEARCH’’ box and click Atlantic Intracoastal Waterway near
Commander, Coast Guard Sector San ‘‘SEARCH.’’ Click on Open Docket Surf City, North Carolina. This rule is
Francisco. The PATCOM may, upon Folder on the line associated with this necessary to protect persons and vessels
request, allow the transit of commercial rule. from the potential hazards associated
vessels through regulated areas when it FOR FURTHER INFORMATION CONTACT: If
with the aerial fireworks display.
is safe to do so. you have questions on this rule, call or IV. Discussion of the Rule
This notice is issued under authority email Petty Officer Matthew Tyson,
of 33 CFR 165.1191 and 5 U.S.C. 552 a). This rule establishes a safety zone
Waterways Management Division, U.S. from 8:45 p.m. until 9:45 p.m. on July
In addition to this notice in the Federal Coast Guard Sector North Carolina,
Register, the Coast Guard will provide 3, 2018. The safety zone will include all
Wilmington, NC; telephone 910–772– navigable waters within a 100 yard
the maritime community with extensive 2221, email Matthew.I.Tyson@uscg.mil.
advance notification of the safety zone radius of the fireworks launch location
SUPPLEMENTARY INFORMATION: at approximate position: Latitude
and its enforcement period via the Local
Notice to Mariners. I. Table of Abbreviations 34°25′46″ N, longitude 077°33′01″ W, on
If the Captain of the Port determines the Atlantic Intracoastal Waterway near
CFR Code of Federal Regulations Surf City, North Carolina. This safety
that the regulated area need not be DHS Department of Homeland Security
enforced for the full duration stated in FR Federal Register zone is being established for the safety
this notice, a Broadcast Notice to NPRM Notice of proposed rulemaking of the maritime spectators observing the
Mariners may be used to grant general § Section fireworks display. No vessel or person
permission to enter the regulated area. U.S.C. United States Code will be permitted to enter the safety
COTP Captain of the Port zone without obtaining permission from
Dated: June 26, 2018. the COTP or a designated
Rebecca W. Deakin, II. Background Information and
Regulatory History representative. All vessels within this
Lieutenant Commander, U.S. Coast Guard, safety zone when this section becomes
Chief, Waterways Management Division, The Coast Guard is issuing this effective must depart the zone
Sector San Francisco, By Direction. temporary rule without prior notice and immediately. To request permission to
[FR Doc. 2018–14131 Filed 6–29–18; 8:45 am] opportunity to comment pursuant to remain in, enter, or transit through the
BILLING CODE 9110–04–P authority under section 4(a) of the safety zone, vessels should contact the
Administrative Procedure Act (APA) (5 COTP or a designated representative of
U.S.C. 553(b)). This provision the COTP through the Coast Guard
DEPARTMENT OF HOMELAND authorizes an agency to issue a rule Sector North Carolina Command Duty
SECURITY without prior notice and opportunity to Officer, Wilmington, North Carolina, at
comment when the agency for good telephone number 910–343–3882, or on
Coast Guard cause finds that those procedures are VHF–FM marine band radio channel 13
‘‘impracticable, unnecessary, or contrary (165.65 MHz) or channel 16 (156.8
33 CFR Part 165 to the public interest.’’ Under 5 U.S.C. MHz).
[Docket Number USCG–2018–0604] 553(b)(B), the Coast Guard finds that
good cause exists for not publishing a V. Regulatory Analyses
RIN 1625–AA00 notice of proposed rulemaking (NPRM) We developed this rule after
with respect to this rule because it is considering numerous statutes and
Safety Zone; Atlantic Intracoastal
impracticable and contrary to the public Executive orders related to rulemaking.
Waterway, Surf City, NC
interest. The publishing of an NPRM Below we summarize our analyses
AGENCY: Coast Guard, DHS. would be impracticable and contrary to based on a number of these statutes and
ACTION: Temporary final rule. the public interest since a final rule Executive orders, and we discuss First
needs to be in place by July 3, 2018, to Amendment rights of protestors.
SUMMARY: The Coast Guard is minimize potential danger to the
establishing a temporary safety zone for participants and the public during the A. Regulatory Planning and Review
the navigable waters of the Atlantic event. Executive Orders 12866 and 13563
Intracoastal Waterway near Surf City, Under 5 U.S.C. 553(d)(3), the Coast direct agencies to assess the costs and
North Carolina, in support of a Guard finds that good cause exists for benefits of available regulatory
daltland on DSKBBV9HB2PROD with RULES
fireworks display on July 3, 2018. This making this rule effective less than 30 alternatives and, if regulation is
temporary safety zone is intended to days after publication in the Federal necessary, to select regulatory
restrict vessel traffic from a portion of Register. Delaying the effective date of approaches that maximize net benefits.
the Atlantic Intracoastal Waterway this rule would be impracticable and Executive Order 13771 directs agencies
during the Surf City fireworks display to contrary to public interest because to control regulatory costs through a
protect the life and property of the immediate action is needed to protect budgeting process. This rule has not
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Document Created: 2018-06-30 00:17:40
Document Modified: 2018-06-30 00:17:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of enforcement of regulation. | |
| Dates | The regulations in 33 CFR 165.1191, Table 1, will be enforced on the date ranges identified in the SUPPLEMENTARY INFORMATION section below. The Coast Guard will provide the maritime community with extensive advance notification of the specific safety zone enforcement periods via the Local Notice to Mariners. | |
| Contact | If you have questions on this notice, 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 Citation | 83 FR 30872 |
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