83_FR_31182 83 FR 31054 - Safety Zone: Red, White and Tahoe Blue Fireworks, Incline Village, NV

83 FR 31054 - Safety Zone: Red, White and Tahoe Blue Fireworks, Incline Village, NV

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 128 (July 3, 2018)

Page Range31054-31055
FR Document2018-14268

The Coast Guard will enforce the safety zone for Red, White and Tahoe Blue Fireworks display in the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. 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).

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31054-31055]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14268]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0621]
RIN 1625-AA00


Safety Zone: Red, White and Tahoe Blue Fireworks, Incline 
Village, NV

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for Red, White 
and Tahoe Blue Fireworks display in the Captain of the Port, San 
Francisco area of responsibility during the dates and times noted 
below. 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, Item number 19, 
will be enforced from 7:30 a.m. on July 3, 2018 through 10:30 p.m. on 
July, 4, 2018.

[[Page 31055]]


FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email Lieutenant Junior Grade Emily 
Rowan, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 
or email at [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone 
during the loading and transit of the fireworks support pontoon vessel 
and fireworks barge, until completion of the fireworks display. From 
7:30 a.m. to 8:30 a.m. on July 3, 2018, the fireworks support pontoon 
vessel will be loaded at Ivgid Boat Launch in the vicinity of Incline 
Beach, near Incline Village, NV and will transit from Ivgid Boat Launch 
to the display location at approximate position 39[deg]14'13'' N, 
119[deg]57'01'' W (NAD 83), the safety zone will encompass the 
navigable waters around and under the fireworks support pontoon vessel 
within a radius of 100 feet. From 8:30 a.m. to 5:30 p.m. on July 3, 
2018 the fireworks barge will be loaded at approximate position 
39[deg]14'13'' N, 119[deg]57' 01'' W (NAD 83) where it will remain 
until the commencement of the fireworks display. Upon the commencement 
of the 18-minute fireworks display, scheduled to start at approximately 
9:30 p.m. on July 4, 2018, the safety zone will increase in size to 
encompass the navigable waters around and under the fireworks barges 
within a radius of 1,000 feet at approximate position 39[deg]14'13'' N, 
119[deg]57'01'' W (NAD 83) for the Red, White, and Tahoe Blue 
Fireworks, Incline Village, NV in 33 CFR 165.1191, Table 1, Item number 
19. This safety zone will be in effect from 7:30 a.m. on July 3, 2018 
until 10:30 p.m. on July 4, 2018.
    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 of enforcement is issued under authority of 33 CFR 
165.1191 and 5 U.S.C. 552 (a). In addition to this notice of 
enforcement 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 of 
enforcement, a Broadcast Notice to Mariners may be used to grant 
general permission to enter the regulated area.

    Dated: June 27, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-14268 Filed 7-2-18; 8:45 am]
 BILLING CODE 9110-04-P



                                              31054                Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations

                                              Ombudsman evaluates these actions                        National Environmental Policy Act of                  the Port Sector New Orleans (COTP) or
                                              annually and rates each agency’s                         1969 (42 U.S.C. 4321–4370f), and have                 designated representative. A designated
                                              responsiveness to small business. If you                 determined that this action is one of a               representative is a commissioned,
                                              wish to comment on actions by                            category of actions that do not                       warrant, or petty officer of the U.S.
                                              employees of the Coast Guard, call 1–                    individually or cumulatively have a                   Coast Guard assigned to units under the
                                              888–REG–FAIR (1–888–734–3247). The                       significant effect on the human                       operational control of USCG Sector New
                                              Coast Guard will not retaliate against                   environment. This proposed rule                       Orleans.
                                              small entities that question or complain                 involves a safety zone lasting one hour                  (2) Vessels requiring entry into this
                                              about this rule or any policy or action                  that would prohibit entry within a 100-               safety zone must request permission
                                              of the Coast Guard.                                      yard radius of a barge at approximate                 from the COTP or a designated
                                                                                                       position of 30°24′11.63″ N,                           representative. They may be contacted
                                              C. Collection of Information
                                                                                                       090°09′17.39″ W, on the Tchefuncte                    on VHF–FM Channel 16 or 67 or by
                                                This rule will not call for a new                      River. It is categorically excluded from              telephone at (504) 365–2200.
                                              collection of information under the                      further review under paragraph L60(a)                    (3) Persons and vessels permitted to
                                              Paperwork Reduction Act of 1995 (44                      of Appendix A, Table 1 of DHS                         enter this safety zone must transit at
                                              U.S.C. 3501–3520).                                       Instruction Manual 023–01–001–01,                     their slowest safe speed and comply
                                              D. Federalism and Indian Tribal                          Rev. 01. A Record of Environmental                    with all lawful directions issued by the
                                              Governments                                              Consideration supporting this                         COTP or the designated representative.
                                                                                                       determination is available in the docket                 (d) Information broadcasts. The COTP
                                                 A rule has implications for federalism                where indicated under ADDRESSES.                      or a designated representative will
                                              under Executive Order 13132,                                                                                   inform the public through Broadcast
                                              Federalism, if it has a substantial direct               G. Protest Activities
                                                                                                                                                             Notices to Mariners of any changes in
                                              effect on the States, on the relationship                  The Coast Guard respects the First                  the planned schedule.
                                              between the national government and                      Amendment rights of protesters.
                                              the States, or on the distribution of                                                                            Dated: June 27, 2018.
                                                                                                       Protesters are asked to contact the
                                              power and responsibilities among the                                                                           K.M. Luttrell,
                                                                                                       person listed in the FOR FURTHER
                                              various levels of government. We have                    INFORMATION CONTACT section to                        Captain, U.S. Coast Guard, Captain of the
                                              analyzed this rule under that Order and                                                                        Port Sector New Orleans.
                                                                                                       coordinate protest activities so that your
                                              have determined that it is consistent                    message can be received without                       [FR Doc. 2018–14243 Filed 7–2–18; 8:45 am]
                                              with the fundamental federalism                          jeopardizing the safety or security of                BILLING CODE 9110–04–P
                                              principles and preemption requirements                   people, places or vessels.
                                              described in Executive Order 13132.
                                                 Also, this rule does not have tribal                  List of Subjects in 33 CFR Part 165                   DEPARTMENT OF HOMELAND
                                              implications under Executive Order                         Harbors, Marine safety, Navigation                  SECURITY
                                              13175, Consultation and Coordination                     (water), Reporting and recordkeeping
                                              with Indian Tribal Governments,                          requirements, Security measures,                      Coast Guard
                                              because it does not have a substantial                   Waterways.
                                              direct effect on one or more Indian                                                                            33 CFR Part 165
                                                                                                         For the reasons discussed in the
                                              tribes, on the relationship between the                  preamble, the Coast Guard amends 33                   [Docket No. USCG–2018–0621]
                                              Federal Government and Indian tribes,                    CFR part 165 as follows:
                                              or on the distribution of power and                                                                            RIN 1625–AA00
                                              responsibilities between the Federal                     PART 165—REGULATED NAVIGATION
                                              Government and Indian tribes. If you                     AREAS AND LIMITED ACCESS AREAS                        Safety Zone: Red, White and Tahoe
                                              believe this rule has implications for                                                                         Blue Fireworks, Incline Village, NV
                                              federalism or Indian tribes, please                      ■ 1. The authority citation for part 165
                                                                                                                                                             AGENCY:  Coast Guard, DHS.
                                              contact the person listed in the FOR                     continues to read as follows:
                                                                                                                                                             ACTION: Notice of enforcement of
                                              FURTHER INFORMATION CONTACT section.                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                                                                             regulation.
                                                                                                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              E. Unfunded Mandates Reform Act                          Department of Homeland Security Delegation            SUMMARY:   The Coast Guard will enforce
                                                The Unfunded Mandates Reform Act                       No. 0170.1.
                                                                                                                                                             the safety zone for Red, White and
                                              of 1995 (2 U.S.C. 1531–1538) requires                    ■ 2. Add § 165.T08–0332 to read as                    Tahoe Blue Fireworks display in the
                                              Federal agencies to assess the effects of                follows:                                              Captain of the Port, San Francisco area
                                              their discretionary regulatory actions. In                                                                     of responsibility during the dates and
                                              particular, the Act addresses actions                    § 165.T08–0332 Safety Zone; Tchefuncte
                                                                                                       River, New Orleans, LA.                               times noted below. This action is
                                              that may result in the expenditure by a                                                                        necessary to ensure the safety of vessels,
                                              State, local, or tribal government, in the                 (a) Location. The following area is a
                                                                                                                                                             spectators and participants from hazards
                                              aggregate, or by the private sector of                   safety zone: All navigable waters of the
                                                                                                                                                             associated with fireworks. During the
                                              $100,000,000 (adjusted for inflation) or                 Tchefuncte River, 100-yards around a
                                                                                                                                                             enforcement period, unauthorized
                                              more in any one year. Though this rule                   barge at approximate position
                                                                                                                                                             persons or vessels are prohibited from
                                              will not result in such an expenditure,                  30°24′11.63″ N, 090°09′17.39″ W, in
                                                                                                                                                             entering into, transiting through, or
                                              we do discuss the effects of this rule                   front of the Madisonville Town Hall in
                                                                                                                                                             anchoring in the safety zone, unless
                                              elsewhere in this preamble.                              Madisonville, LA.
sradovich on DSK3GMQ082PROD with RULES




                                                                                                                                                             authorized by the Patrol Commander
                                                                                                          (b) Effective period. This section is
                                              F. Environment                                                                                                 (PATCOM).
                                                                                                       effective from 8 p.m. through 9 p.m. on
                                                We have analyzed this rule under                       July 4, 2018.                                         DATES: The regulations in 33 CFR
                                              Department of Homeland Security                             (c) Regulations. (1) In accordance with            165.1191, Table 1, Item number 19, will
                                              Directive 023–01 and Commandant                          the general regulations in § 165.23, entry            be enforced from 7:30 a.m. on July 3,
                                              Instruction M16475.1D, which guide the                   into this zone is prohibited unless                   2018 through 10:30 p.m. on July, 4,
                                              Coast Guard in complying with the                        specifically authorized by the Captain of             2018.


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                                                                   Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations                                         31055

                                              FOR FURTHER INFORMATION CONTACT:      If                 the maritime community with extensive                 COTP Captain of the Port Sector New
                                              you have questions about this notice of                  advance notification of the safety zone                 Orleans
                                              enforcement, call or email Lieutenant                    and its enforcement period via the Local              DHS Department of Homeland Security
                                                                                                                                                             FR Federal Register
                                              Junior Grade Emily Rowan, U.S. Coast                     Notice to Mariners.
                                                                                                                                                             NPRM Notice of proposed rulemaking
                                              Guard Sector San Francisco; telephone                      If the Captain of the Port determines               § Section
                                              (415) 399–7443 or email at D11-PF-                       that the regulated area need not be                   U.S.C. United States Code
                                              MarineEvents@uscg.mil.                                   enforced for the full duration stated in
                                                                                                       this notice of enforcement, a Broadcast               II. Background Information and
                                              SUPPLEMENTARY INFORMATION: The Coast
                                                                                                       Notice to Mariners may be used to grant               Regulatory History
                                              Guard will enforce a safety zone during
                                              the loading and transit of the fireworks                 general permission to enter the                          The Coast Guard is issuing this
                                              support pontoon vessel and fireworks                     regulated area.                                       temporary rule without prior notice and
                                              barge, until completion of the fireworks                   Dated: June 27, 2018.                               opportunity to comment pursuant to
                                              display. From 7:30 a.m. to 8:30 a.m. on                  Anthony J. Ceraolo,                                   authority under section 4(a) of the
                                              July 3, 2018, the fireworks support                      Captain, U.S. Coast Guard, Captain of the             Administrative Procedure Act (APA) (5
                                              pontoon vessel will be loaded at Ivgid                   Port, San Francisco.                                  U.S.C. 553(b)). This provision
                                              Boat Launch in the vicinity of Incline                   [FR Doc. 2018–14268 Filed 7–2–18; 8:45 am]
                                                                                                                                                             authorizes an agency to issue a rule
                                              Beach, near Incline Village, NV and will                                                                       without prior notice and opportunity to
                                                                                                       BILLING CODE 9110–04–P
                                              transit from Ivgid Boat Launch to the                                                                          comment when the agency for good
                                              display location at approximate position                                                                       cause finds that those procedures are
                                              39°14′13″ N, 119°57′01″ W (NAD 83),                      DEPARTMENT OF HOMELAND                                ‘‘impracticable, unnecessary, or contrary
                                              the safety zone will encompass the                       SECURITY                                              to the public interest.’’ Under 5 U.S.C.
                                              navigable waters around and under the                                                                          553(b)(3)(B), the Coast Guard finds that
                                              fireworks support pontoon vessel within                  Coast Guard                                           good cause exists for not publishing a
                                              a radius of 100 feet. From 8:30 a.m. to                                                                        notice of proposed rulemaking (NPRM)
                                              5:30 p.m. on July 3, 2018 the fireworks                  33 CFR Part 165                                       with respect to this rule because it is
                                              barge will be loaded at approximate                                                                            impracticable It is impracticable to
                                                                                                       [Docket Number USCG–2018–0606]
                                              position 39°14′13″ N, 119°57′ 01″ W                                                                            publish an NPRM because we must
                                              (NAD 83) where it will remain until the                  RIN 1625–AA00                                         establish this safety zone by July 12,
                                              commencement of the fireworks                                                                                  2018 and lack sufficient time to provide
                                                                                                       Safety Zone; Lower Mississippi River,                 a reasonable comment period and then
                                              display. Upon the commencement of the                    New Orleans, LA
                                              18-minute fireworks display, scheduled                                                                         consider those comments before issuing
                                              to start at approximately 9:30 p.m. on                   AGENCY:    Coast Guard, DHS.                          the rule.
                                                                                                                                                                Under 5 U.S.C. 553(d)(3), the Coast
                                              July 4, 2018, the safety zone will                       ACTION:   Temporary final rule.                       Guard finds that good cause exists for
                                              increase in size to encompass the
                                                                                                       SUMMARY:   The Coast Guard is                         making this rule effective less than 30
                                              navigable waters around and under the                                                                          days after publication in the Federal
                                              fireworks barges within a radius of                      establishing a temporary safety zone for
                                                                                                       navigable waters of the Lower                         Register. Delaying the effective date of
                                              1,000 feet at approximate position                                                                             this rule would be contrary to the public
                                              39°14′13″ N, 119°57′01″ W (NAD 83) for                   Mississippi River between mile markers
                                                                                                       (MM) 95.7 and MM 96.7 above Head of                   interest because immediate action is
                                              the Red, White, and Tahoe Blue                                                                                 necessary to respond to potential
                                              Fireworks, Incline Village, NV in 33                     Passes in New Orleans, LA. The safety
                                                                                                       zone is necessary to protect persons,                 hazards associated with the fireworks
                                              CFR 165.1191, Table 1, Item number 19.                                                                         display.
                                              This safety zone will be in effect from                  vessels, and the marine environment
                                              7:30 a.m. on July 3, 2018 until 10:30                    from potential hazards created by a                   III. Legal Authority and Need for Rule
                                              p.m. on July 4, 2018.                                    fireworks display. Entry of vessels or
                                                                                                                                                                The Coast Guard is issuing this rule
                                                 Under the provisions of 33 CFR                        persons into this zone is prohibited
                                                                                                                                                             under authority in 33 U.S.C. 1231. The
                                              165.1191, unauthorized persons or                        unless specifically authorized by the
                                                                                                                                                             Captain of the Port Sector New Orleans
                                              vessels are prohibited from entering                     Captain of the Port Sector New Orleans
                                                                                                                                                             (COTP) has determined that potential
                                              into, transiting through, or anchoring in                or a designated representative.
                                                                                                                                                             hazards associated with a fireworks
                                              the safety zone during all applicable                    DATES: This rule is effective from 8:45
                                                                                                                                                             display on July 12, 2018, will be a safety
                                              effective dates and times, unless                        p.m. through 9:45 p.m. on July 12, 2018.              concern for anyone within a one-mile
                                              authorized to do so by the PATCOM.                       ADDRESSES: To view documents                          stretch of the Lower Mississippi River.
                                              Additionally, each person who receives                   mentioned in this preamble as being                   This rule is necessary to protect
                                              notice of a lawful order or direction                    available in the docket, go to http://                persons, vessels, and the marine
                                              issued by an official patrol vessel shall                www.regulations.gov, type USCG–2018–                  environment in the navigable waterway
                                              obey the order or direction. The                         0606 in the ‘‘SEARCH’’ box and click                  before, during, and after the fireworks
                                              PATCOM is empowered to forbid entry                      ‘‘SEARCH.’’ Click on Open Docket                      display.
                                              into and control the regulated area. The                 Folder on the line associated with this
                                              PATCOM shall be designated by the                        rule.                                                 IV. Discussion of the Rule
                                              Commander, Coast Guard Sector San                        FOR FURTHER INFORMATION CONTACT: If                      This rule establishes a temporary
                                              Francisco. The PATCOM may, upon                          you have questions on this rule, call or              safety zone from 8:45 p.m. through 9:45
                                              request, allow the transit of commercial                 email Lieutenant Commander Howard                     p.m. on July 12, 2018. The safety zone
sradovich on DSK3GMQ082PROD with RULES




                                              vessels through regulated areas when it                  Vacco, Sector New Orleans, U.S. Coast                 will cover all navigable waters of the
                                              is safe to do so.                                        Guard; telephone 504–365–2281, email                  Lower Mississippi River between mile
                                                 This notice of enforcement is issued                  Howard.K.Vacco@uscg.mil.                              marker (MM) 95.7 and MM 96.7, above
                                              under authority of 33 CFR 165.1191 and                   SUPPLEMENTARY INFORMATION:                            Head of Passes. The duration of the zone
                                              5 U.S.C. 552 (a). In addition to this                                                                          is intended to protect persons, vessels,
                                              notice of enforcement in the Federal                     I. Table of Abbreviations                             and the marine environment in these
                                              Register, the Coast Guard will provide                   CFR    Code of Federal Regulations                    navigable waters while the fireworks


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Document Created: 2018-07-02 23:55:34
Document Modified: 2018-07-02 23:55:34
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
ActionNotice of enforcement of regulation.
DatesThe regulations in 33 CFR 165.1191, Table 1, Item number 19, will be enforced from 7:30 a.m. on July 3, 2018 through 10:30 p.m. on July, 4, 2018.
ContactIf you have questions about this notice of enforcement, call or email Lieutenant Junior Grade Emily Rowan, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at [email protected]
FR Citation83 FR 31054 
RIN Number1625-AA00

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