83_FR_31185 83 FR 31057 - Safety Zone: San Francisco Fourth of July Fireworks Display, San Francisco Bay, San Francisco, CA

83 FR 31057 - Safety Zone: San Francisco Fourth of July Fireworks Display, San Francisco Bay, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range31057-31059
FR Document2018-14259

The Coast Guard is establishing temporary moving safety zones in the navigable waters of the San Francisco Bay near Aquatic Park in support of the Fourth of July Fireworks Display on July 4, 2018. These safety zones are established to ensure the safety of participants and spectators from the dangers associated with pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zones without permission of the Captain of the Port or their designated representative.

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31057-31059]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14259]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0508]
RIN 1625-AA00


Safety Zone: San Francisco Fourth of July Fireworks Display, San 
Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary moving safety zones 
in the navigable waters of the San Francisco Bay near Aquatic Park in 
support of the Fourth of July Fireworks Display on July 4, 2018. These 
safety zones are established to ensure the safety of participants and 
spectators from the dangers associated with pyrotechnics. Unauthorized 
persons or vessels are prohibited from entering into, transiting 
through, or remaining in the safety zones without permission of the 
Captain of the Port or their designated representative.

DATES: This rule is effective from July 3, 2018 through July 4, 2018. 
This rule will be enforced from 9 a.m. on July 3, 2018 through 10:30 
p.m. on July 4, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-0508. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Acronyms

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Since the Coast Guard received notice of 
this event on May 24, 2018, notice and comment procedures would be 
impracticable in this instance.
    For similar reasons as those stated above, under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exists for making this 
rule effective less than 30 days after publication in the Federal 
Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port (COTP) San Francisco has determined that 
potential hazards associated with the planned fireworks display on July 
4, 2018 will be a safety concern for anyone within a 100-foot radius of 
the fireworks barges and anyone within a 700-foot radius of the 
fireworks firing sites. This rule is needed to protect spectators, 
vessels, and other property from hazards associated with pyrotechnics.

IV. Discussion of the Rule

    This rule establishes temporary safety zones during the loading and 
transit of the fireworks barge, until after completion of the fireworks 
display. During the loading of the pyrotechnics onto the fireworks 
barges, scheduled to take place from 9:00 a.m. to 5:00 p.m. on July 3, 
2018 and from 9:00 a.m. to 6:00 p.m. on July 4, 2018 at Pier 50 in San 
Francisco, CA, the safety zones will encompass the navigable waters 
around and under the fireworks barges within a radius of 100 feet.
    The fireworks barges will remain at Pier 50 until the start of the 
transit to the display locations. Towing of the barges from Pier 50 to 
the display

[[Page 31058]]

locations is scheduled to take place from 7:30 p.m. to 8:15 p.m. on 
July 4, 2018, where they will remain until the conclusion of the 
fireworks display.
    At 9:00 p.m. on July 4, 2018, 30 minutes prior to the commencement 
of the 30-minute fireworks displays, the safety zones will increase in 
size and encompass the navigable waters around and under the fireworks 
barges within a radius of 700 feet in approximate positions 
37[deg]48'49'' N, 122[deg]24'46'' W and 37[deg]48'45'' N, 
122[deg]25'39'' W (NAD 83) for the San Francisco Fourth of July 
Fireworks Display. The safety zones shall terminate at 10:30 p.m. on 
July 4, 2018.
    The effect of the temporary safety zones are to restrict navigation 
in the vicinity of the fireworks loading, transit, and firing sites. 
Except for persons or vessels authorized by the COTP or the COTP's 
designated representative, no person or vessel may enter or remain in 
the restricted areas. These regulations are needed to keep spectators 
and vessels away from the immediate vicinity of the fireworks firing 
sites to ensure the safety of participants, spectators, and transiting 
vessels.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    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 zones. 
Although this rule restricts access to the waters encompassed by the 
safety zones, the effect of this rule will not be significant because 
the local waterway users will be notified via public Broadcast Notice 
to Mariners to ensure the safety zones 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves safety zones of limited size and duration. It is 
categorically excluded from further

[[Page 31059]]

review under Categorical Exclusion L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

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.T11-930 to read as follows:


Sec.  165.T11-930   Safety Zone; San Francisco Fourth of July Fireworks 
Display, San Francisco Bay, San Francisco, CA.

    (a) Location. The following area are safety zones: All navigable 
waters of the San Francisco Bay within 100 feet of the fireworks barges 
during loading at Pier 50, as well as transit and arrival near Aquatic 
Park in San Francisco, CA. From 9:00 a.m. until approximately 5:00 p.m. 
on July 3, 2018, and from 9:00 a.m. until approximately 6:00 p.m. on 
July 4, 2018, the fireworks barges will be loading at Pier 50 in San 
Francisco, CA. The safety zones will expand to all navigable waters 
around and under the firework barges within a radius of 700 feet in 
approximate positions 37[deg]48'49'' N, 122[deg]24'46'' W and 
37[deg]48'45'' N, 122[deg]25'39'' W (NAD 83), 30 minutes prior to the 
start of the 30 minute fireworks display, scheduled to begin at 9:30 
p.m. on July 4, 2018.
    (b) Enforcement period. The zones described in paragraph (a) of 
this section will be enforced from 9:00 a.m. on July 3, 2018 until 
approximately 10:30 p.m. on July 4, 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 on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the COTP in the enforcement of the safety zones.
    (d) Regulations. (1) Under the general regulations in subpart C of 
this part, entry into, transiting or anchoring within these safety 
zones is prohibited unless authorized by the COTP or the COTP's 
designated representative.
    (2) The safety zones are 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 
zones 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 zones 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: June 27, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-14259 Filed 7-2-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations                                         31057

                                              Protesters are asked to contact the                      Information Bulletins (MSIBs) as                      FR Federal Register
                                              person listed in the FOR FURTHER                         appropriate.                                          NOAA National Oceanic and Atmospheric
                                              INFORMATION CONTACT section to                                                                                   Administration
                                                                                                         Dated: June 25, 2018.                               NPRM Notice of Proposed Rulemaking
                                              coordinate protest activities so that your               Kristi M. Luttrell,                                   PATCOM U.S. Coast Guard Patrol
                                              message can be received without                                                                                  Commander
                                                                                                       Captain, U.S. Coast Guard, Captain of the
                                              jeopardizing the safety or security of                   Port Sector New Orleans.                              U.S.C. United States Code
                                              people, places or vessels.
                                                                                                       [FR Doc. 2018–14245 Filed 7–2–18; 8:45 am]            II. Background Information and
                                              List of Subjects in 33 CFR Part 165                      BILLING CODE 9110–04–P                                Regulatory History
                                                Harbors, Marine safety, Navigation                                                                              The Coast Guard is issuing this
                                              (water), Reporting and recordkeeping                                                                           temporary final rule without prior
                                                                                                       DEPARTMENT OF HOMELAND
                                              requirements, Security measures,                                                                               notice and opportunity to comment
                                                                                                       SECURITY
                                              Waterways.                                                                                                     pursuant to authority under section 4(a)
                                                For the reasons discussed in the                       Coast Guard                                           of the Administrative Procedure Act
                                              preamble, the Coast Guard amends 33                                                                            (APA) (5 U.S.C. 553(b)). This provision
                                              CFR part 165 as follows:                                 33 CFR Part 165                                       authorizes an agency to issue a rule
                                                                                                                                                             without prior notice and opportunity to
                                              PART 165—REGULATED NAVIGATION                            [Docket No. USCG–2018–0508]                           comment when the agency for good
                                              AREAS AND LIMITED ACCESS AREAS                                                                                 cause finds that those procedures are
                                                                                                       RIN 1625–AA00
                                                                                                                                                             ‘‘impracticable, unnecessary, or contrary
                                              ■ 1. The authority citation for part 165                 Safety Zone: San Francisco Fourth of                  to the public interest.’’ Under 5 U.S.C.
                                              continues to read as follows:                            July Fireworks Display, San Francisco                 553(b)(B), the Coast Guard finds that
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              Bay, San Francisco, CA                                good cause exists for not publishing a
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      notice of proposed rulemaking (NPRM)
                                              Department of Homeland Security Delegation               AGENCY:    Coast Guard, DHS.                          with respect to this rule. Since the Coast
                                              No. 0170.1.                                              ACTION:   Temporary final rule.                       Guard received notice of this event on
                                                                                                                                                             May 24, 2018, notice and comment
                                              ■ 2. Add § 165.T08–0606 to read as                       SUMMARY:   The Coast Guard is                         procedures would be impracticable in
                                              follows:                                                 establishing temporary moving safety                  this instance.
                                              § 165.T08–0606 Safety Zone; Lower                        zones in the navigable waters of the San                 For similar reasons as those stated
                                              Mississippi River, New Orleans, LA.                      Francisco Bay near Aquatic Park in                    above, under 5 U.S.C. 553(d)(3), the
                                                (a) Location. The following area is a                  support of the Fourth of July Fireworks               Coast Guard finds that good cause exists
                                              safety zone: All navigable waters of                     Display on July 4, 2018. These safety                 for making this rule effective less than
                                              Lower Mississippi River between mile                     zones are established to ensure the                   30 days after publication in the Federal
                                              marker (MM) 95.7 and MM 96.7, near                       safety of participants and spectators                 Register.
                                              New Orleans, LA.                                         from the dangers associated with
                                                                                                                                                             III. Legal Authority and Need for Rule
                                                 (b) Effective period. This section is                 pyrotechnics. Unauthorized persons or
                                                                                                       vessels are prohibited from entering                     The Coast Guard is issuing this rule
                                              effective from 8:45 p.m. through 9:45                                                                          under authority in 33 U.S.C. 1231. The
                                              p.m. on July 12, 2018.                                   into, transiting through, or remaining in
                                                                                                       the safety zones without permission of                Captain of the Port (COTP) San
                                                 (c) Regulations. (1) In accordance with                                                                     Francisco has determined that potential
                                              the general regulations in § 165.23, entry               the Captain of the Port or their
                                                                                                       designated representative.                            hazards associated with the planned
                                              into this zone is prohibited unless                                                                            fireworks display on July 4, 2018 will be
                                              authorized by the Captain of the Port                    DATES: This rule is effective from July 3,
                                                                                                       2018 through July 4, 2018. This rule will             a safety concern for anyone within a
                                              Sector New Orleans (COTP) or                                                                                   100-foot radius of the fireworks barges
                                              designated representative. A designated                  be enforced from 9 a.m. on July 3, 2018
                                                                                                       through 10:30 p.m. on July 4, 2018.                   and anyone within a 700-foot radius of
                                              representative is a commissioned,                                                                              the fireworks firing sites. This rule is
                                              warrant, or petty officer of the U.S.                    ADDRESSES: Documents mentioned in
                                                                                                                                                             needed to protect spectators, vessels,
                                              Coast Guard assigned to units under the                  this preamble are part of docket USCG–                and other property from hazards
                                              operational control of USCG Sector New                   2018–0508. To view documents                          associated with pyrotechnics.
                                              Orleans.                                                 mentioned in this preamble as being
                                                 (2) Vessels requiring entry into this                 available in the docket, go to http://                IV. Discussion of the Rule
                                              safety zone must request permission                      www.regulations.gov, type the docket                    This rule establishes temporary safety
                                              from the COTP or a designated                            number in the ‘‘SEARCH’’ box and click                zones during the loading and transit of
                                              representative. They may be contacted                    ‘‘SEARCH.’’ Click on Open Docket                      the fireworks barge, until after
                                              on VHF–FM Channel 16 or 67 or by                         Folder on the line associated with this               completion of the fireworks display.
                                              telephone at (504) 365–2200.                             rulemaking.                                           During the loading of the pyrotechnics
                                                 (3) Persons and vessels permitted to                  FOR FURTHER INFORMATION CONTACT: If                   onto the fireworks barges, scheduled to
                                              enter this safety zone must transit at                   you have questions on this rule, call or              take place from 9:00 a.m. to 5:00 p.m.
                                              their slowest safe speed and comply                      email Lieutenant Emily Rowan, U.S.                    on July 3, 2018 and from 9:00 a.m. to
                                              with all lawful directions issued by the                 Coast Guard Sector San Francisco;                     6:00 p.m. on July 4, 2018 at Pier 50 in
                                              COTP or the designated representative.                   telephone (415) 399–7443 or email at                  San Francisco, CA, the safety zones will
sradovich on DSK3GMQ082PROD with RULES




                                                 (d) Information broadcasts. The COTP                  D11-PF-MarineEvents@uscg.mil.                         encompass the navigable waters around
                                              or a designated representative will                      SUPPLEMENTARY INFORMATION:                            and under the fireworks barges within a
                                              inform the public of the enforcement                                                                           radius of 100 feet.
                                              times and date for this safety zone                      I. Table of Acronyms                                    The fireworks barges will remain at
                                              through Broadcast Notices to Mariners                    APA Administrative Procedure Act                      Pier 50 until the start of the transit to
                                              (BNMs), Local Notices to Mariners                        COTP U.S. Coast Guard Captain on the Port             the display locations. Towing of the
                                              (LNMs), and/or Marine Safety                             DHS Department of Homeland Security                   barges from Pier 50 to the display


                                         VerDate Sep<11>2014   16:05 Jul 02, 2018   Jkt 244001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\03JYR1.SGM   03JYR1


                                              31058                Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations

                                              locations is scheduled to take place                     likely to be affected are waterfront                  C. Collection of Information
                                              from 7:30 p.m. to 8:15 p.m. on July 4,                   facilities, commercial vessels, and                     This rule will not call for a new
                                              2018, where they will remain until the                   pleasure craft engaged in recreational                collection of information under the
                                              conclusion of the fireworks display.                     activities.                                           Paperwork Reduction Act of 1995 (44
                                                 At 9:00 p.m. on July 4, 2018, 30                                                                            U.S.C. 3501–3520).
                                              minutes prior to the commencement of                     B. Impact on Small Entities
                                              the 30-minute fireworks displays, the                       The Regulatory Flexibility Act of 1980             D. Federalism and Indian Tribal
                                              safety zones will increase in size and                   (RFA), 5 U.S.C. 601–612, as amended,                  Governments
                                              encompass the navigable waters around                    requires federal agencies to consider the                A rule has implications for federalism
                                              and under the fireworks barges within a                  potential impact of regulations on small              under Executive Order 13132,
                                              radius of 700 feet in approximate                        entities during rulemaking. The term                  Federalism, if it has a substantial direct
                                              positions 37°48′49″ N, 122°24′46″ W                      ‘‘small entities’’ comprises small                    effect on the States, on the relationship
                                              and 37°48′45″ N, 122°25′39″ W (NAD                       businesses, not-for-profit organizations              between the national government and
                                              83) for the San Francisco Fourth of July                 that are independently owned and                      the States, or on the distribution of
                                              Fireworks Display. The safety zones                      operated and are not dominant in their                power and responsibilities among the
                                              shall terminate at 10:30 p.m. on July 4,                 fields, and governmental jurisdictions                various levels of government. We have
                                              2018.                                                    with populations of less than 50,000.                 analyzed this rule under that Order and
                                                 The effect of the temporary safety                    The Coast Guard certifies under 5 U.S.C.              have determined that it is consistent
                                              zones are to restrict navigation in the                  605(b) that this rule will not have a                 with the fundamental federalism
                                              vicinity of the fireworks loading, transit,              significant economic impact on a                      principles and preemption requirements
                                              and firing sites. Except for persons or                  substantial number of small entities.                 described in Executive Order 13132.
                                              vessels authorized by the COTP or the                       This rule may affect the following                    Also, this rule does not have tribal
                                              COTP’s designated representative, no                     entities, some of which may be small                  implications under Executive Order
                                              person or vessel may enter or remain in                  entities: Owners and operators of                     13175, Consultation and Coordination
                                              the restricted areas. These regulations                  waterfront facilities, commercial                     with Indian Tribal Governments,
                                              are needed to keep spectators and                        vessels, and pleasure craft engaged in                because it does not have a substantial
                                              vessels away from the immediate                          recreational activities and sightseeing, if           direct effect on one or more Indian
                                              vicinity of the fireworks firing sites to                these facilities or vessels are in the                tribes, on the relationship between the
                                              ensure the safety of participants,                       vicinity of the safety zone at times when             Federal Government and Indian tribes,
                                              spectators, and transiting vessels.                      this zone is being enforced. This rule                or on the distribution of power and
                                                                                                       will not have a significant economic                  responsibilities between the Federal
                                              V. Regulatory Analyses                                   impact on a substantial number of small               Government and Indian tribes. If you
                                                We developed this rule after                           entities for the following reasons: (i)               believe this rule has implications for
                                              considering numerous statutes and                        This rule will encompass only a small                 federalism or Indian tribes, please
                                              executive orders related to rulemaking.                  portion of the waterway for a limited                 contact the person listed in the FOR
                                              Below we summarize our analyses                          period of time, and (ii) the maritime                 FURTHER INFORMATION CONTACT section
                                              based on a number of these statutes and                  public will be advised in advance of                  above.
                                              Executive orders, and we discuss First                   these safety zones via Broadcast Notice
                                              Amendment rights of protestors.                          to Mariners.                                          E. Unfunded Mandates Reform Act
                                                                                                          Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
                                              A. Regulatory Planning and Review                        Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                                 Executive Orders 12866 and 13563                      Fairness Act of 1996 (Pub. L. 104–121),               Federal agencies to assess the effects of
                                              direct agencies to assess the costs and                  we want to assist small entities in                   their discretionary regulatory actions. In
                                              benefits of available regulatory                         understanding this rule. If the rule                  particular, the Act addresses actions
                                              alternatives and, if regulation is                       would affect your small business,                     that may result in the expenditure by a
                                              necessary, to select regulatory                          organization, or governmental                         State, local, or tribal government, in the
                                              approaches that maximize net benefits.                   jurisdiction and you have questions                   aggregate, or by the private sector of
                                              Executive Order 13771 directs agencies                   concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                              to control regulatory costs through a                    compliance, please contact the person                 more in any one year. Though this rule
                                              budgeting process. This rule has not                     listed in the FOR FURTHER INFORMATION                 will not result in such expenditure, we
                                              been designated a ‘‘significant                          CONTACT section.                                      do discuss the effects of this rule
                                              regulatory action,’’ under Executive                        Small businesses may send comments                 elsewhere in this preamble.
                                              Order 12866. Accordingly, this rule has                  on the actions of Federal employees
                                              not been reviewed by the Office of                       who enforce, or otherwise determine                   F. Environment
                                              Management and Budget (OMB), and                         compliance with, Federal regulations to                 We have analyzed this rule under
                                              pursuant to OMB guidance it is exempt                    the Small Business and Agriculture                    Department of Homeland Security
                                              from the requirements of Executive                       Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                              Order 13771.                                             and the Regional Small Business                       Commandant Instruction M16475.1D,
                                                 This regulatory action determination                  Regulatory Fairness Boards. The                       which guide the Coast Guard in
                                              is based on the limited duration and                     Ombudsman evaluates these actions                     complying with the National
                                              narrowly tailored geographic area of the                 annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                              safety zones. Although this rule restricts               responsiveness to small business. If you              U.S.C. 4321–4370f), and have
sradovich on DSK3GMQ082PROD with RULES




                                              access to the waters encompassed by the                  wish to comment on actions by                         determined that this action is one of a
                                              safety zones, the effect of this rule will               employees of the Coast Guard, call 1–                 category of actions that do not
                                              not be significant because the local                     888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                              waterway users will be notified via                      Coast Guard will not retaliate against                significant effect on the human
                                              public Broadcast Notice to Mariners to                   small entities that question or complain              environment. This rule involves safety
                                              ensure the safety zones will result in                   about this rule or any policy or action               zones of limited size and duration. It is
                                              minimum impact. The entities most                        of the Coast Guard.                                   categorically excluded from further


                                         VerDate Sep<11>2014   16:05 Jul 02, 2018   Jkt 244001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\03JYR1.SGM   03JYR1


                                                                   Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations                                         31059

                                              review under Categorical Exclusion                       notify the maritime community of                      permission of the Captain of the Port
                                              L60(a) of Appendix A, Table 1 of DHS                     periods during which these zones will                 Buffalo.
                                              Instruction Manual 023–01–001–01,                        be enforced via Broadcast Notice to
                                                                                                                                                             DATES:  The regulations in 33 CFR
                                              Rev. 01. A Record of Environmental                       Mariners in accordance with § 165.7.
                                                                                                         (c) Definitions. As used in this                    165.939(a)(1) will be enforced from 8:45
                                              Consideration supporting this
                                                                                                       section, ‘‘designated representative’’                p.m. to 10:45 p.m. on July 4, 2018. The
                                              determination is available in the docket
                                                                                                       means a Coast Guard Patrol                            regulations in 33 CFR 165.939(a)(2) will
                                              where indicated under ADDRESSES.
                                                                                                       Commander, including a Coast Guard                    be enforced from 9:30 p.m. to 10:30 p.m.
                                              G. Protest Activities                                    coxswain, petty officer, or other officer             on July 3, 2018. The regulation in 33
                                                The Coast Guard respects the First                     on a Coast Guard vessel or a Federal,                 CFR 165.939(a)(13) will be enforced
                                              Amendment rights of protesters.                          State, or local officer designated by or              from 10:00 p.m. to 10:30 p.m. on July 3,
                                              Protesters are asked to contact the                      assisting the COTP in the enforcement                 2018.
                                              person listed in the FOR FURTHER                         of the safety zones.                                  FOR FURTHER INFORMATION CONTACT: If
                                              INFORMATION CONTACT section to                             (d) Regulations. (1) Under the general              you have questions about this notice of
                                              coordinate protest activities so that your               regulations in subpart C of this part,                enforcement, call or email LT Michael
                                              message can be received without                          entry into, transiting or anchoring                   Collet, Chief of Waterways Management,
                                              jeopardizing the safety or security of                   within these safety zones is prohibited               U.S. Coast Guard Sector Buffalo;
                                              people, places or vessels.                               unless authorized by the COTP or the                  telephone 716–843–9322, email D09-
                                                                                                       COTP’s designated representative.                     SMB-SECBuffalo-WWM@uscg.mil.
                                              List of Subjects in 33 CFR Part 165                        (2) The safety zones are closed to all              SUPPLEMENTARY INFORMATION: The Coast
                                                Harbors, Marine safety, Navigation                     vessel traffic, except as may be                      Guard will enforce a Safety Zone;
                                              (water), Reporting and recordkeeping                     permitted by the COTP or a designated                 Annual Events in the Captain of the Port
                                              requirements, Security measures,                         representative.                                       Buffalo Zone listed in 33 CFR 165.939
                                              Waterways.                                                 (3) Vessel operators desiring to enter              for the following events:
                                                For the reasons discussed in the                       or operate within the safety zones must                  (1) Boldt Castle 4th of July Fireworks,
                                              preamble, the Coast Guard amends 33                      contact the COTP or a designated                      Heart Island, NY; The safety zone listed
                                              CFR part 165 as follows:                                 representative to obtain permission to                in 33 CFR 165.939(a)(1) will be enforced
                                                                                                       do so. Vessel operators given permission              from 8:45 p.m. to 10:45 p.m. on July 4,
                                              PART 165—REGULATED NAVIGATION                            to enter or operate in the safety zones               2018.
                                              AREAS AND LIMITED ACCESS AREAS                           must comply with all directions given to                 (2) Clayton Chamber of Commerce
                                                                                                       them by the COTP or a designated                      Fireworks, Calumet Island, NY; The
                                              ■ 1. The authority citation for part 165                 representative. Persons and vessels may
                                              continues to read as follows:                                                                                  safety zone listed in 33 CFR
                                                                                                       request permission to enter the safety                165.939(a)(2) will be enforced from 9:30
                                                Authority: 33 U.S.C 1231; 50 U.S.C. 191;               zones on VHF–23A or through the 24-                   p.m. to 10:30 p.m. on July 3, 2018.
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                hour Command Center at telephone
                                              Department of Homeland Security Delegation                                                                        (3) Tom Graves Memorial Fireworks;
                                                                                                       (415) 399–3547.
                                              No. 0170.1.                                                                                                    The safety zone listed in 33 CFR
                                                                                                         Dated: June 27, 2018.                               165.939(a)(13) will be enforced from
                                              ■ 2. Add § 165.T11–930 to read as                        Anthony J. Ceraolo,                                   10:00 p.m. to 10:30 p.m. on July 3, 2018.
                                              follows:                                                 Captain, U.S. Coast Guard, Captain of the                Pursuant to 33 CFR 165.23, entry into,
                                              § 165.T11–930 Safety Zone; San Francisco                 Port, San Francisco.                                  transiting, or anchoring within a safety
                                              Fourth of July Fireworks Display, San                    [FR Doc. 2018–14259 Filed 7–2–18; 8:45 am]            zone during an enforcement period is
                                              Francisco Bay, San Francisco, CA.                        BILLING CODE 9110–04–P                                prohibited unless authorized by the
                                                 (a) Location. The following area are                                                                        Captain of the Port Buffalo or his
                                              safety zones: All navigable waters of the                                                                      designated representative. Those
                                              San Francisco Bay within 100 feet of the                 DEPARTMENT OF HOMELAND                                seeking permission to enter a safety
                                              fireworks barges during loading at Pier                  SECURITY                                              zone may request permission from the
                                              50, as well as transit and arrival near                                                                        Captain of Port Buffalo via channel 16,
                                                                                                       Coast Guard                                           VHF–FM. Vessels and persons granted
                                              Aquatic Park in San Francisco, CA.
                                              From 9:00 a.m. until approximately 5:00                                                                        permission to enter a safety zone shall
                                                                                                       33 CFR Part 165                                       obey the directions of the Captain of the
                                              p.m. on July 3, 2018, and from 9:00 a.m.
                                              until approximately 6:00 p.m. on July 4,                 [Docket No. USCG–2018–0624]                           Port Buffalo or his designated
                                              2018, the fireworks barges will be                                                                             representative. While within a safety
                                              loading at Pier 50 in San Francisco, CA.                 Safety Zones; Annual Events in the                    zone, all vessels shall operate at the
                                              The safety zones will expand to all                      Captain of the Port Buffalo Zone—July                 minimum speed necessary to maintain a
                                              navigable waters around and under the                    Fireworks                                             safe course.
                                              firework barges within a radius of 700                   AGENCY:  Coast Guard, DHS.                               This notice of enforcement is issued
                                              feet in approximate positions 37°48′49″                  ACTION: Notice of enforcement of                      under authority of 33 CFR 165.939 and
                                              N, 122°24′46″ W and 37°48′45″ N,                         regulation.                                           5 U.S.C. 552(a). In addition to this
                                              122°25′39″ W (NAD 83), 30 minutes                                                                              notice of enforcement in the Federal
                                              prior to the start of the 30 minute                      SUMMARY:   The Coast Guard will enforce               Register, the Coast Guard will provide
                                              fireworks display, scheduled to begin at                 certain safety zones located in federal               the maritime community with advance
sradovich on DSK3GMQ082PROD with RULES




                                              9:30 p.m. on July 4, 2018.                               regulations for recurring marine events.              notification of this enforcement period
                                                 (b) Enforcement period. The zones                     This action is necessary and intended                 via Broadcast Notice to Mariners or
                                              described in paragraph (a) of this                       for the safety of life and property on                Local Notice to Mariners. If the Captain
                                              section will be enforced from 9:00 a.m.                  navigable waters during these events.                 of the Port Buffalo determines that a
                                              on July 3, 2018 until approximately                      During each enforcement period, no                    safety zone need not be enforced for the
                                              10:30 p.m. on July 4, 2018. The Captain                  person or vessel may enter the                        full duration stated in this notice he or
                                              of the Port San Francisco (COTP) will                    respective safety zone without the                    she may use a Broadcast Notice to


                                         VerDate Sep<11>2014   16:05 Jul 02, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\03JYR1.SGM   03JYR1



Document Created: 2018-07-02 23:55:51
Document Modified: 2018-07-02 23:55:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from July 3, 2018 through July 4, 2018. This rule will be enforced from 9 a.m. on July 3, 2018 through 10:30 p.m. on July 4, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Emily Rowan, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at D11-PF- [email protected]
FR Citation83 FR 31057 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR