83_FR_31188 83 FR 31060 - Safety Zone: City of Vallejo Fourth of July Fireworks Display, Mare Island Strait, Vallejo, CA

83 FR 31060 - Safety Zone: City of Vallejo Fourth of July Fireworks Display, Mare Island Strait, Vallejo, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range31060-31062
FR Document2018-14267

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

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31060-31062]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14267]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0544]
RIN 1625-AA00


Safety Zone: City of Vallejo Fourth of July Fireworks Display, 
Mare Island Strait, Vallejo, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

DATES: This rule is effective on July 4, 2018, from 8 a.m. through 
10:30 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-0544. 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 D11-PF-MarineEvents@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Acronyms

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Since the Coast Guard received final details 
of this event on June 25, 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 barge and anyone within a 420-foot radius of the 
fireworks firing site. This rule is needed to protect spectators, 
vessels, and other property from hazards associated with pyrotechnics.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone during the loading 
and transit of the fireworks barge, until after completion of the 
fireworks display. During the loading of the pyrotechnics onto the 
fireworks barge, scheduled to take place from 8:00 a.m. to 4:00 p.m. on 
July 4, 2018, at Mare Island Waterfront in Vallejo, CA, the safety zone 
will encompass the navigable waters around and under the fireworks 
barge within a radius of 100 feet.
    The fireworks barge will remain at Mare Island Waterfront until the 
start of the transit to the display location. Towing of the barge from 
Mare Island Waterfront to the display location is scheduled to take 
place from 8:50 p.m. to 9:00 p.m. on July 4, 2018, where it will remain 
until the conclusion of the fireworks displays.
    At 9:00 p.m. on July 4, 2018, 30 minutes prior to the commencement 
of the 18-minute fireworks display, the safety zone will increase in 
size and encompass the navigable waters around and under the fireworks 
barge within a radius of 420 feet in approximate position 
38[deg]06'03'' N, 122[deg]16'00'' W (NAD 83) for the City of Vallejo 
Fourth of July Fireworks Display. The safety zone shall terminate at 
10:30 p.m. on July 4, 2018.
    The effect of the temporary safety zone are to restrict navigation 
in the vicinity of the fireworks loading, transit, and firing site. 
Except for persons or vessels authorized by the COTP or the COTP's 
designated representative, no person or vessel may enter or remain in 
the restricted area. This regulation is needed to keep spectators and 
vessels away from the immediate vicinity of the fireworks firing site 
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 zone. 
Although this rule restricts access to the waters encompassed by the 
safety zone, the effect of this rule will not be significant because 
the local waterway users will be notified via public Broadcast Notice 
to Mariners to ensure the safety zone will result in minimum impact. 
The entities most likely to be affected are waterfront facilities, 
commercial vessels, and

[[Page 31061]]

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 this 
safety zone 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 a safety zone of limited size and duration. It is 
categorically excluded from further 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.T11-931 to read as follows:


Sec.  165.T11-931  Safety Zone; City of Vallejo 4th of July Fireworks 
Display, Mare Island Strait, Vallejo, CA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Mare Island Strait within 100 feet of the fireworks barge 
during loading at Mare Island Waterfront, as well as transit and 
arrival to launching location in Mare Island Strait, Vallejo, CA. From 
8:00 a.m. until approximately 4:00 p.m. on July 4, 2018, the fireworks 
barge will be loading at Mare Island Waterfront, Vallejo, CA. The 
safety zone will expand to all navigable waters around and under the 
firework barge within a radius of 420 feet in approximate positions 
38[deg]06'03'' N, 122[deg]16'00'' W (NAD 83), 30 minutes prior to the 
start of the 18-minute fireworks display, scheduled to begin at 9:30 
p.m. on July 4, 2018.
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 8:00 a.m. 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

[[Page 31062]]

which this zone 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 zone.
    (d) Regulations. (1) Under the general regulations in subpart C of 
this part, entry into, transiting or anchoring within this safety zone 
is prohibited unless authorized by the COTP or the COTP's designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zone 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. 2018-14267 Filed 7-2-18; 8:45 am]
 BILLING CODE 9110-04-P



                                              31060                Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations

                                              Mariners to grant general permission to                  NPRM Notice of Proposed Rulemaking                    will remain until the conclusion of the
                                              enter the respective safety zone.                        PATCOM U.S. Coast Guard Patrol                        fireworks displays.
                                                                                                         Commander                                              At 9:00 p.m. on July 4, 2018, 30
                                                Dated: June 27, 2018.                                  U.S.C. United States Code
                                              Joseph S. Dufresne,                                                                                            minutes prior to the commencement of
                                              Captain, U.S. Coast Guard, Captain of the                II. Background Information and                        the 18-minute fireworks display, the
                                              Port Buffalo.                                            Regulatory History                                    safety zone will increase in size and
                                              [FR Doc. 2018–14326 Filed 7–2–18; 8:45 am]                  The Coast Guard is issuing this                    encompass the navigable waters around
                                                                                                       temporary final rule without prior                    and under the fireworks barge within a
                                              BILLING CODE 9110–04–P
                                                                                                       notice and opportunity to comment                     radius of 420 feet in approximate
                                                                                                       pursuant to authority under section 4(a)              position 38°06′03″ N, 122°16′00″ W
                                              DEPARTMENT OF HOMELAND                                   of the Administrative Procedure Act                   (NAD 83) for the City of Vallejo Fourth
                                              SECURITY                                                 (APA) (5 U.S.C. 553(b)). This provision               of July Fireworks Display. The safety
                                                                                                       authorizes an agency to issue a rule                  zone shall terminate at 10:30 p.m. on
                                              Coast Guard                                              without prior notice and opportunity to               July 4, 2018.
                                                                                                       comment when the agency for good                         The effect of the temporary safety
                                              33 CFR Part 165                                          cause finds that those procedures are                 zone are to restrict navigation in the
                                                                                                       ‘‘impracticable, unnecessary, or contrary             vicinity of the fireworks loading, transit,
                                              [Docket No. USCG–2018–0544]
                                                                                                       to the public interest.’’ Under 5 U.S.C.              and firing site. Except for persons or
                                              RIN 1625–AA00                                            553(b)(B), the Coast Guard finds that                 vessels authorized by the COTP or the
                                                                                                       good cause exists for not publishing a                COTP’s designated representative, no
                                              Safety Zone: City of Vallejo Fourth of                                                                         person or vessel may enter or remain in
                                              July Fireworks Display, Mare Island                      notice of proposed rulemaking (NPRM)
                                                                                                       with respect to this rule. Since the Coast            the restricted area. This regulation is
                                              Strait, Vallejo, CA                                                                                            needed to keep spectators and vessels
                                                                                                       Guard received final details of this event
                                              AGENCY:    Coast Guard, DHS.                             on June 25, 2018, notice and comment                  away from the immediate vicinity of the
                                              ACTION:   Temporary final rule.                          procedures would be impracticable in                  fireworks firing site to ensure the safety
                                                                                                       this instance.                                        of participants, spectators, and
                                              SUMMARY:   The Coast Guard is                               For similar reasons as those stated                transiting vessels.
                                              establishing a temporary safety zone in                  above, under 5 U.S.C. 553(d)(3), the                  V. Regulatory Analyses
                                              the navigable waters of San Francisco                    Coast Guard finds that good cause exists
                                              Bay near Mare Island Strait in support                   for making this rule effective less than                We developed this rule after
                                              of the City of Vallejo Fourth of July                    30 days after publication in the Federal              considering numerous statutes and
                                              Fireworks Display on July 4, 2018. This                  Register.                                             executive orders related to rulemaking.
                                              safety zone is established to ensure the                                                                       Below we summarize our analyses
                                              safety of participants and spectators                    III. Legal Authority and Need for Rule                based on a number of these statutes and
                                              from the dangers associated with                            The Coast Guard is issuing this rule               Executive orders, and we discuss First
                                              pyrotechnics. Unauthorized persons or                    under authority in 33 U.S.C. 1231. The                Amendment rights of protestors.
                                              vessels are prohibited from entering                     Captain of the Port (COTP) San                        A. Regulatory Planning and Review
                                              into, transiting through, or remaining in                Francisco has determined that potential
                                              the safety zone without permission of                    hazards associated with the planned                      Executive Orders 12866 and 13563
                                              the Captain of the Port or their                         fireworks display on July 4, 2018, will               direct agencies to assess the costs and
                                              designated representative.                               be a safety concern for anyone within a               benefits of available regulatory
                                              DATES: This rule is effective on July 4,                 100-foot radius of the fireworks barge                alternatives and, if regulation is
                                              2018, from 8 a.m. through 10:30 p.m.                     and anyone within a 420-foot radius of                necessary, to select regulatory
                                              ADDRESSES: Documents mentioned in                        the fireworks firing site. This rule is               approaches that maximize net benefits.
                                              this preamble are part of docket USCG–                   needed to protect spectators, vessels,                Executive Order 13771 directs agencies
                                              2018–0544. To view documents                             and other property from hazards                       to control regulatory costs through a
                                              mentioned in this preamble as being                      associated with pyrotechnics.                         budgeting process. This rule has not
                                              available in the docket, go to http://                                                                         been designated a ‘‘significant
                                                                                                       IV. Discussion of the Rule                            regulatory action,’’ under Executive
                                              www.regulations.gov, type the docket
                                              number in the ‘‘SEARCH’’ box and click                      This rule establishes a temporary                  Order 12866. Accordingly, this rule has
                                              ‘‘SEARCH.’’ Click on Open Docket                         safety zone during the loading and                    not been reviewed by the Office of
                                              Folder on the line associated with this                  transit of the fireworks barge, until after           Management and Budget (OMB), and
                                              rulemaking.                                              completion of the fireworks display.                  pursuant to OMB guidance it is exempt
                                                                                                       During the loading of the pyrotechnics                from the requirements of Executive
                                              FOR FURTHER INFORMATION CONTACT: If
                                                                                                       onto the fireworks barge, scheduled to                Order 13771.
                                              you have questions on this rule, call or
                                                                                                       take place from 8:00 a.m. to 4:00 p.m.                   This regulatory action determination
                                              email Lieutenant Emily Rowan, U.S.
                                                                                                       on July 4, 2018, at Mare Island                       is based on the limited duration and
                                              Coast Guard Sector San Francisco;
                                                                                                       Waterfront in Vallejo, CA, the safety                 narrowly tailored geographic area of the
                                              telephone (415) 399–7443 or email at
                                                                                                       zone will encompass the navigable                     safety zone. Although this rule restricts
                                              D11-PF-MarineEvents@uscg.mil.
                                                                                                       waters around and under the fireworks                 access to the waters encompassed by the
                                              SUPPLEMENTARY INFORMATION:
                                                                                                       barge within a radius of 100 feet.                    safety zone, the effect of this rule will
sradovich on DSK3GMQ082PROD with RULES




                                              I. Table of Acronyms                                        The fireworks barge will remain at                 not be significant because the local
                                                                                                       Mare Island Waterfront until the start of             waterway users will be notified via
                                              APA Administrative Procedure Act
                                              COTP U.S. Coast Guard Captain on the Port
                                                                                                       the transit to the display location.                  public Broadcast Notice to Mariners to
                                              DHS Department of Homeland Security                      Towing of the barge from Mare Island                  ensure the safety zone will result in
                                              FR Federal Register                                      Waterfront to the display location is                 minimum impact. The entities most
                                              NOAA National Oceanic and Atmospheric                    scheduled to take place from 8:50 p.m.                likely to be affected are waterfront
                                                Administration                                         to 9:00 p.m. on July 4, 2018, where it                facilities, commercial vessels, and


                                         VerDate Sep<11>2014   16:05 Jul 02, 2018   Jkt 244001   PO 00000   Frm 00024   Fmt 4700   Sfmt 4700   E:\FR\FM\03JYR1.SGM   03JYR1


                                                                   Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations                                          31061

                                              pleasure craft engaged in recreational                   C. Collection of Information                          review under Categorical Exclusion
                                              activities.                                                This rule will not call for a new                   L60(a) of Appendix A, Table 1 of DHS
                                                                                                       collection of information under the                   Instruction Manual 023–01–001–01,
                                              B. Impact on Small Entities
                                                                                                       Paperwork Reduction Act of 1995 (44                   Rev. 01. A Record of Environmental
                                                 The Regulatory Flexibility Act of 1980                U.S.C. 3501–3520).                                    Consideration supporting this
                                              (RFA), 5 U.S.C. 601–612, as amended,                                                                           determination is available in the docket
                                                                                                       D. Federalism and Indian Tribal                       where indicated under ADDRESSES.
                                              requires federal agencies to consider the
                                                                                                       Governments
                                              potential impact of regulations on small                                                                       G. Protest Activities
                                              entities during rulemaking. The term                        A rule has implications for federalism
                                              ‘‘small entities’’ comprises small                       under Executive Order 13132,                            The Coast Guard respects the First
                                              businesses, not-for-profit organizations                 Federalism, if it has a substantial direct            Amendment rights of protesters.
                                              that are independently owned and                         effect on the States, on the relationship             Protesters are asked to contact the
                                              operated and are not dominant in their                   between the national government and                   person listed in the FOR FURTHER
                                                                                                       the States, or on the distribution of                 INFORMATION CONTACT section to
                                              fields, and governmental jurisdictions
                                              with populations of less than 50,000.                    power and responsibilities among the                  coordinate protest activities so that your
                                              The Coast Guard certifies under 5 U.S.C.                 various levels of government. We have                 message can be received without
                                              605(b) that this rule will not have a                    analyzed this rule under that Order and               jeopardizing the safety or security of
                                              significant economic impact on a                         have determined that it is consistent                 people, places or vessels.
                                              substantial number of small entities.                    with the fundamental federalism                       List of Subjects in 33 CFR Part 165
                                                                                                       principles and preemption requirements
                                                 This rule may affect the following                    described in Executive Order 13132.                     Harbors, Marine safety, Navigation
                                              entities, some of which may be small                        Also, this rule does not have tribal               (water), Reporting and recordkeeping
                                              entities: Owners and operators of                        implications under Executive Order                    requirements, Security measures,
                                              waterfront facilities, commercial                        13175, Consultation and Coordination                  Waterways.
                                              vessels, and pleasure craft engaged in                   with Indian Tribal Governments,                         For the reasons discussed in the
                                              recreational activities and sightseeing, if              because it does not have a substantial                preamble, the Coast Guard amends 33
                                              these facilities or vessels are in the                   direct effect on one or more Indian                   CFR part 165 as follows:
                                              vicinity of the safety zone at times when                tribes, on the relationship between the
                                              this zone is being enforced. This rule                   Federal Government and Indian tribes,                 PART 165—REGULATED NAVIGATION
                                              will not have a significant economic                     or on the distribution of power and                   AREAS AND LIMITED ACCESS AREAS
                                              impact on a substantial number of small                  responsibilities between the Federal
                                              entities for the following reasons: (i)                  Government and Indian tribes. If you                  ■ 1. The authority citation for part 165
                                              This rule will encompass only a small                    believe this rule has implications for                continues to read as follows:
                                              portion of the waterway for a limited                    federalism or Indian tribes, please                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              period of time, and (ii) the maritime                    contact the person listed in the FOR                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              public will be advised in advance of this                FURTHER INFORMATION CONTACT section                   Department of Homeland Security Delegation
                                              safety zone via Broadcast Notice to                      above.                                                No. 0170.1.
                                              Mariners.                                                                                                      ■ 2. Add § 165.T11–931 to read as
                                                                                                       E. Unfunded Mandates Reform Act
                                                 Under section 213(a) of the Small                                                                           follows:
                                              Business Regulatory Enforcement                            The Unfunded Mandates Reform Act
                                                                                                       of 1995 (2 U.S.C. 1531–1538) requires                 § 165.T11–931 Safety Zone; City of Vallejo
                                              Fairness Act of 1996 (Pub. L. 104–121),                                                                        4th of July Fireworks Display, Mare Island
                                              we want to assist small entities in                      Federal agencies to assess the effects of
                                                                                                       their discretionary regulatory actions. In            Strait, Vallejo, CA.
                                              understanding this rule. If the rule                                                                              (a) Location. The following area is a
                                              would affect your small business,                        particular, the Act addresses actions
                                                                                                       that may result in the expenditure by a               safety zone: All navigable waters of the
                                              organization, or governmental                                                                                  Mare Island Strait within 100 feet of the
                                              jurisdiction and you have questions                      State, local, or tribal government, in the
                                                                                                       aggregate, or by the private sector of                fireworks barge during loading at Mare
                                              concerning its provisions or options for                                                                       Island Waterfront, as well as transit and
                                              compliance, please contact the person                    $100,000,000 (adjusted for inflation) or
                                                                                                       more in any one year. Though this rule                arrival to launching location in Mare
                                              listed in the FOR FURTHER INFORMATION                                                                          Island Strait, Vallejo, CA. From 8:00
                                                                                                       will not result in such expenditure, we
                                              CONTACT section.                                                                                               a.m. until approximately 4:00 p.m. on
                                                                                                       do discuss the effects of this rule
                                                 Small businesses may send comments                    elsewhere in this preamble.                           July 4, 2018, the fireworks barge will be
                                              on the actions of Federal employees                                                                            loading at Mare Island Waterfront,
                                              who enforce, or otherwise determine                      F. Environment                                        Vallejo, CA. The safety zone will
                                              compliance with, Federal regulations to                    We have analyzed this rule under                    expand to all navigable waters around
                                              the Small Business and Agriculture                       Department of Homeland Security                       and under the firework barge within a
                                              Regulatory Enforcement Ombudsman                         Management Directive 023–01 and                       radius of 420 feet in approximate
                                              and the Regional Small Business                          Commandant Instruction M16475.1D,                     positions 38°06′03″ N, 122°16′00″ W
                                              Regulatory Fairness Boards. The                          which guide the Coast Guard in                        (NAD 83), 30 minutes prior to the start
                                              Ombudsman evaluates these actions                        complying with the National                           of the 18-minute fireworks display,
                                              annually and rates each agency’s                         Environmental Policy Act of 1969 (42                  scheduled to begin at 9:30 p.m. on July
                                              responsiveness to small business. If you                 U.S.C. 4321–4370f), and have                          4, 2018.
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                                              wish to comment on actions by                            determined that this action is one of a                  (b) Enforcement period. The zone
                                              employees of the Coast Guard, call 1–                    category of actions that do not                       described in paragraph (a) of this
                                              888–REG–FAIR (1–888–734–3247). The                       individually or cumulatively have a                   section will be enforced from 8:00 a.m.
                                              Coast Guard will not retaliate against                   significant effect on the human                       until approximately 10:30 p.m. on July
                                              small entities that question or complain                 environment. This rule involves a safety              4, 2018. The Captain of the Port San
                                              about this rule or any policy or action                  zone of limited size and duration. It is              Francisco (COTP) will notify the
                                              of the Coast Guard.                                      categorically excluded from further                   maritime community of periods during


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                                              31062                Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations

                                              which this zone will be enforced via                     the Captain of the Port Sector New                    III. Legal Authority and Need for Rule
                                              Broadcast Notice to Mariners in                          Orleans or a designated representative.                  The Coast Guard is issuing this rule
                                              accordance with § 165.7.                                                                                       under authority in 33 U.S.C. 1231. The
                                                (c) Definitions. As used in this                       DATES: This rule is effective from 11:30
                                                                                                       a.m. through 4 p.m. on July 21, 2018.                 Captain of the Port Sector New Orleans
                                              section, ‘‘designated representative’’                                                                         (COTP) has determined that potential
                                              means a Coast Guard Patrol                               ADDRESSES:   To view documents                        hazards associated with a boat race on
                                              Commander, including a Coast Guard                       mentioned in this preamble as being                   July 21, 2018, will be a safety concern
                                              coxswain, petty officer, or other officer                available in the docket, go to http://                for anyone within a one-mile section of
                                              on a Coast Guard vessel or a Federal,                    www.regulations.gov, type USCG–2018–                  the Gulf Intracoastal Waterway. Possible
                                              State, or local officer designated by or                 0514 in the ‘‘SEARCH’’ box and click                  hazards include risks of injury or death
                                              assisting the COTP in the enforcement                    ‘‘SEARCH.’’ Click on Open Docket                      from near or actual contact among
                                              of the safety zone.                                      Folder on the line associated with this               participant vessels and mariners
                                                (d) Regulations. (1) Under the general                 rule.                                                 traversing through the safety zone. This
                                              regulations in subpart C of this part,
                                                                                                       FOR FURTHER INFORMATION CONTACT:     If               rule is necessary to protect persons,
                                              entry into, transiting or anchoring
                                                                                                       you have questions on this rule, call or              vessels, and the marine environment
                                              within this safety zone is prohibited
                                                                                                       email Lieutenant Commander Howard                     during the race.
                                              unless authorized by the COTP or the
                                              COTP’s designated representative.                        Vacco, Sector New Orleans, U.S. Coast                 IV. Discussion of the Rule
                                                (2) The safety zone is closed to all                   Guard; telephone 504–365–2281, email
                                                                                                       Howard.K.Vacco@uscg.mil.                                This rule establishes a temporary
                                              vessel traffic, except as may be                                                                               safety zone from 11:30 a.m. through 4
                                              permitted by the COTP or a designated                    SUPPLEMENTARY INFORMATION:                            p.m. on July 21, 2018. This zone will
                                              representative.                                                                                                encompass all navigable waters of the
                                                (3) Vessel operators desiring to enter                 I. Table of Abbreviations                             Gulf Intracoastal Waterway between
                                              or operate within the safety zone must                   CFR Code of Federal Regulations                       mile markers (MMs) 12 and 13 west of
                                              contact the COTP or a designated                         COTP Captain of the Port Sector New                   the Harvey Locks in Lafitte, LA. The
                                              representative to obtain permission to                     Orleans                                             duration of the zone is intended to
                                              do so. Vessel operators given permission                 DHS Department of Homeland Security                   protect persons, vessels, and the marine
                                              to enter or operate in the safety zone                   FR Federal Register                                   environment during the race and will
                                              must comply with all directions given to                 MM Mile marker                                        include breaks and opportunity for
                                              them by the COTP or a designated                         NPRM Notice of proposed rulemaking
                                                                                                                                                             vessels to transit through the regulated
                                              representative. Persons and vessels may                  § Section
                                                                                                       U.S.C. United States Code                             area.
                                              request permission to enter the safety                                                                           No vessel or person will be permitted
                                              zone on VHF–23A or through the 24-                       II. Background Information and                        to enter the safety zone without
                                              hour Command Center at telephone                         Regulatory History                                    obtaining permission from the COTP or
                                              (415) 399–3547.                                                                                                a designated representative. A
                                                Dated: June 27, 2018.                                     The Coast Guard is issuing this                    designated representative is a
                                              Anthony J. Ceraolo,                                      temporary rule without prior notice and               commissioned, warrant, or petty officer
                                                                                                       opportunity to comment pursuant to                    of the U.S. Coast Guard assigned to
                                              Captain, U.S. Coast Guard, Captain of the
                                              Port, San Francisco.                                     authority under section 4(a) of the                   units under the operational control of
                                                                                                       Administrative Procedure Act (APA) (5                 USCG Sector New Orleans. Vessels
                                              [FR Doc. 2018–14267 Filed 7–2–18; 8:45 am]
                                                                                                       U.S.C. 553(b)). This provision                        requiring entry into this safety zone
                                              BILLING CODE 9110–04–P
                                                                                                       authorizes an agency to issue a rule                  must request permission from the COTP
                                                                                                       without prior notice and opportunity to               or a designated representative. They
                                              DEPARTMENT OF HOMELAND                                   comment when the agency for good                      may be contacted on VHF–FM Channel
                                              SECURITY                                                 cause finds that those procedures are                 16 or 67 or by telephone at (504) 365–
                                                                                                       ‘‘impracticable, unnecessary, or contrary             2200.
                                              Coast Guard                                              to the public interest.’’ Under 5 U.S.C.                A designated representative may be a
                                                                                                       553(b)(3)(B), the Coast Guard finds that              Patrol Commander (PATCOM). The
                                              33 CFR Part 165                                          good cause exists for not publishing a                PATCOM may be aboard either a Coast
                                                                                                       notice of proposed rulemaking (NPRM)                  Guard or Coast Guard Auxiliary vessel.
                                              [Docket Number USCG–2018–0514]                           with respect to this rule because it is               The PATCOM may be contacted on
                                              RIN 1625–AA00                                            impracticable. It is impracticable to                 Channel 16 VHF–FM (156.8 MHz) by
                                                                                                       publish an NPRM because we must                       the call sign ‘‘PATCOM’’. The ‘‘official
                                              Safety Zone; Gulf Intracoastal                           establish this safety zone by July 21,                patrol vessels’’ consist of any Coast
                                              Waterway, Lafitte, LA                                    2018 and lack sufficient time to provide              Guard, state, or local law enforcement
                                                                                                       a reasonable comment period and then                  and sponsor provided vessels assigned
                                              AGENCY:    Coast Guard, DHS.
                                                                                                       consider those comments before issuing                or approved by the COTP or a
                                              ACTION:   Temporary final rule.                          the rule.                                             designated representative to patrol the
                                              SUMMARY:   The Coast Guard is                               Under 5 U.S.C. 553(d)(3), the Coast                zone. All persons and vessels not
                                              establishing a temporary safety zone for                 Guard finds that good cause exists for                registered with the sponsor as
                                              certain navigable waters of the Gulf                     making this rule effective less than 30               participants or official patrol vessels are
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                                              Intracoastal Waterway in Lafitte, LA.                    days after publication in the Federal                 considered spectators.
                                              The safety zone is necessary to protect                  Register. Delaying the effective date of                Spectator vessels desiring to transit
                                              persons, vessels, and the marine                         this rule is contrary to the public                   the zone may do so only with prior
                                              environment from potential hazards                       interest because immediate action is                  approval of the COTP or a designated
                                              created by the Jean Lafitte Pirogue Race.                needed to respond to the potential                    representative and when so directed by
                                              Entry of persons or vessels into this                    safety hazards associated with this boat              that officer must be operated at a
                                              zone is prohibited unless authorized by                  race.                                                 minimum safe navigation speed in a


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Document Created: 2018-07-02 23:56:25
Document Modified: 2018-07-02 23:56:25
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 on July 4, 2018, from 8 a.m. through 10:30 p.m.
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 31060 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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