83_FR_32021 83 FR 31889 - Safety Zone; Barge PFE-LB444, San Joaquin River, Blackslough Landing, CA

83 FR 31889 - Safety Zone; Barge PFE-LB444, San Joaquin River, Blackslough Landing, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 132 (July 10, 2018)

Page Range31889-31891
FR Document2018-14739

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

Federal Register, Volume 83 Issue 132 (Tuesday, July 10, 2018)
[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Rules and Regulations]
[Pages 31889-31891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14739]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0634]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 31890]]

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

DATES: This rule is effective without actual notice from July 10, 2018 
until July 31, 2018. For the purposes of enforcement, actual notice 
will be used from the July 3, 2018 until July 10, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0634 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because of the emergent nature of the 
situation. Notice and comment procedures would be impracticable because 
immediate action is needed protect personnel, vessels, and the marine 
environment from potential hazards associated with the barge and 
associated recovery efforts.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For the reasons stated above, 
delaying the effective date of the rule would be impracticable.

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from July 3, 2018 
through July 31, 2018. The safety zone will cover all navigable waters 
within 90 yards of the unstable barge and associated recovery efforts 
centered in approximate position 37[deg] 59'41.88'' N, 121[deg] 
25'8.88'' W (NAD 83). The effect of the temporary safety zone is 
intended to protect personnel, vessels, and the marine environment in 
these navigable waters from potential hazards associated with the barge 
and associated recovery efforts. No vessel or person will be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the safety zone. 
Although this rule restricts access to the waters encompassed by the 
safety zone, the effect of this rule will not be significant because 
the local waterway users will be notified via public Broadcast Notice 
to Mariners to ensure the safety zone will result in minimum impact. 
The entities most likely to be affected are waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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

[[Page 31891]]

the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 zone of limited size and duration. It is categorically excluded 
from further review under Categorical Exclusion L60(d) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration supporting this determination 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.T11-936 to read as follows:


Sec.  165.T11-936  Safety Zone; Barge PFE-LB444, San Joaquin River, 
Blackslough Landing, CA.

    (a) Location. The following area is a safety zone: all navigable 
waters within 90 yards of the unstable, partially submerged barge and 
associated recovery efforts centered in approximate position 37[deg]59' 
41.88'' N, 121[deg]25'8.88'' W (NAD 83).
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from July 3, 2018 through July 31, 2018. The 
Captain of the Port San Francisco (COTP) will notify the maritime 
community of periods during which these zones will be enforced via 
Broadcast Notice to Mariners in accordance with Sec.  165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in subpart C of 
this part, entry into, transiting or anchoring within this safety zone 
is prohibited unless authorized by the COTP or the COTP's designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zones on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: July 3, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-14739 Filed 7-9-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations                                               31889

                                           compliance, please contact the person                    $100,000,000 (adjusted for inflation) or              the shore at 41°55.008 N, 087°37.564 W,
                                           listed in the FOR FURTHER INFORMATION                    more in any one year. Though this rule                then northeast to 41°55.068 N,
                                           CONTACT section.                                         will not result in such an expenditure,               087°37.480 W, then southeast to
                                              Small businesses may send comments                    we do discuss the effects of this rule                41°54.899 N, 087°37.151 W, then
                                           on the actions of Federal employees                      elsewhere in this preamble.                           southwest back to the shore at 41°54.826
                                           who enforce, or otherwise determine                                                                            N, 087°37.214 W.
                                           compliance with, Federal regulations to                  F. Environment
                                                                                                                                                             (b) Enforcement period. This
                                           the Small Business and Agriculture                         We have analyzed this rule under                    regulation will be enforced from 5 p.m.
                                           Regulatory Enforcement Ombudsman                         Department of Homeland Security                       through 6:15 p.m. on July 19, 2018; with
                                           and the Regional Small Business                          Directive 023–01, which guides the                    a rain date of July 20, 2018 from 11:45
                                           Regulatory Fairness Boards. The                          Coast Guard in complying with the                     a.m. through 12:50 p.m.
                                           Ombudsman evaluates these actions                        National Environmental Policy Act of                     (c) Regulations. (1) In accordance with
                                           annually and rates each agency’s                         1969 (42 U.S.C. 4321–4370f), and have                 the general regulations in § 165.23 of
                                           responsiveness to small business. If you                 determined that this action is one of a               this part, entry into, transiting, or
                                           wish to comment on actions by                            category of actions that do not                       anchoring within this safety zone is
                                           employees of the Coast Guard, call 1–                    individually or cumulatively have a                   prohibited unless authorized by the
                                           888–REG–FAIR (1–888–734–3247). The                       significant effect on the human                       Captain of the Port Lake Michigan or a
                                           Coast Guard will not retaliate against                   environment. This rule involves                       designated on-scene representative.
                                           small entities that question or complain                 establishment of a safety zone on Lake                   (2) This safety zone is closed to all
                                           about this rule or any policy or action                  Michigan near North Avenue Beach in                   vessel traffic, except as may be
                                           of the Coast Guard.                                      Chicago, IL that will last between one                permitted by the Captain of the Port
                                                                                                    and two hours and will prohibit entry                 Lake Michigan or a designated on-scene
                                           C. Collection of Information
                                                                                                    into a designated area. It is categorically           representative.
                                             This rule will not call for a new                      excluded from further review under                       (3) The ‘‘on-scene representative’’ of
                                           collection of information under the                      paragraph L60(a) of Appendix A, Table                 the Captain of the Port Lake Michigan
                                           Paperwork Reduction Act of 1995 (44                      1 of DHS Instruction Manual 023–01–                   is any Coast Guard commissioned,
                                           U.S.C. 3501–3520).                                       001–01, Rev. 01. A Record of                          warrant or petty officer who has been
                                           D. Federalism and Indian Tribal                          Environmental Consideration                           designated by the Captain of the Port
                                           Governments                                              supporting this determination is                      Lake Michigan to act on his or her
                                                                                                    available in the docket where indicated               behalf.
                                              A rule has implications for federalism                under ADDRESSES.                                         (4) Vessel operators desiring to enter
                                           under Executive Order 13132,
                                                                                                    G. Protest Activities                                 or operate within the safety zone shall
                                           Federalism, if it has a substantial direct
                                                                                                                                                          contact the Captain of the Port Lake
                                           effect on the States, on the relationship                  The Coast Guard respects the First                  Michigan or an on-scene representative
                                           between the national government and                      Amendment rights of protesters.                       to obtain permission to do so. The
                                           the States, or on the distribution of                    Protesters are asked to contact the                   Captain of the Port Lake Michigan or an
                                           power and responsibilities among the                     person listed in the FOR FURTHER                      on-scene representative may be
                                           various levels of government. We have                    INFORMATION CONTACT section to                        contacted via VHF Channel 16 or at
                                           analyzed this rule under that Order and                  coordinate protest activities so that your            (414) 747–7182. Vessel operators given
                                           have determined that it is consistent                    message can be received without                       permission to enter or operate in the
                                           with the fundamental federalism                          jeopardizing the safety or security of                safety zone must comply with all
                                           principles and preemption requirements                   people, places or vessels.                            directions given to them by the Captain
                                           described in Executive Order 13132.
                                              Also, this rule does not have tribal                  List of Subjects in 33 CFR Part 165                   of the Port Lake Michigan, or an on-
                                           implications under Executive Order                                                                             scene representative.
                                                                                                      Harbors, Marine safety, Navigation
                                           13175, Consultation and Coordination                     (water), Reporting and recordkeeping                    Dated: June 18, 2018.
                                           with Indian Tribal Governments,                          requirements, Security measures,                      Thomas J. Stuhlreyer,
                                           because it does not have a substantial                   Waterways.                                            Captain, U.S. Coast Guard, Captain of the
                                           direct effect on one or more Indian                        For the reasons discussed in the                    Port Lake Michigan.
                                           tribes, on the relationship between the                  preamble, the Coast Guard amends 33                   [FR Doc. 2018–14760 Filed 7–9–18; 8:45 am]
                                           Federal Government and Indian tribes,                    CFR part 165 as follows:                              BILLING CODE 9110–04–P
                                           or on the distribution of power and
                                           responsibilities between the Federal                     PART 165—REGULATED NAVIGATION
                                           Government and Indian tribes. If you                     AREAS AND LIMITED ACCESS AREAS                        DEPARTMENT OF HOMELAND
                                           believe this rule has implications for                                                                         SECURITY
                                           federalism or Indian tribes, please                      ■ 1. The authority citation for part 165
                                           contact the person listed in the FOR                     continues to read as follows:                         Coast Guard
                                           FURTHER INFORMATION CONTACT section                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           above.                                                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             33 CFR Part 165
                                                                                                    Department of Homeland Security Delegation            [Docket Number USCG–2018–0634]
                                           E. Unfunded Mandates Reform Act                          No. 0170.1.
                                             The Unfunded Mandates Reform Act                                                                             RIN 1625–AA00
                                                                                                    ■ 2. Add § 165.T09–0504 to read as
                                           of 1995 (2 U.S.C. 1531–1538) requires
amozie on DSK3GDR082PROD with RULES




                                                                                                    follows:                                              Safety Zone; Barge PFE–LB444, San
                                           Federal agencies to assess the effects of
                                           their discretionary regulatory actions. In               § 165.T09–0504 Safety Zone; Lake                      Joaquin River, Blackslough Landing,
                                           particular, the Act addresses actions                    Michigan, North Avenue Beach, Chicago, IL.            CA
                                           that may result in the expenditure by a                    (a) Location. All navigable waters of               AGENCY:    Coast Guard, DHS.
                                           State, local, or tribal government, in the               Lake Michigan near North Avenue
                                                                                                                                                          ACTION:   Temporary final rule.
                                           aggregate, or by the private sector of                   Beach, bounded by a line drawn from


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                                           31890               Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations

                                           SUMMARY:   The Coast Guard is                              Under 5 U.S.C. 553(d)(3), the Coast                 pursuant to OMB guidance it is exempt
                                           establishing a temporary safety zone for                 Guard finds that good cause exists for                from the requirements of Executive
                                           navigable waters of the San Joaquin                      making this rule effective less than 30               Order 13771.
                                           River due to an unstable, partially                      days after publication in the Federal                    This regulatory action determination
                                           submerged barge with hull number                         Register. For the reasons stated above,               is based on the limited duration and
                                           PFE–LB444. The temporary safety zone                     delaying the effective date of the rule               narrowly tailored geographic area of the
                                           is needed to protect personnel, vessels,                 would be impracticable.                               safety zone. Although this rule restricts
                                           and the marine environment from                                                                                access to the waters encompassed by the
                                                                                                    III. Legal Authority and Need for Rule                safety zone, the effect of this rule will
                                           potential hazards created by the barge
                                           and associated recovery efforts. Entry of                   The Coast Guard is issuing this rule               not be significant because the local
                                           vessels or persons into this zone is                     under authority in 33 U.S.C. 1231; 50                 waterway users will be notified via
                                           prohibited unless specifically                           U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                    public Broadcast Notice to Mariners to
                                           authorized by the Captain of the Port                    6.04–6, 160.5; Department of Homeland                 ensure the safety zone will result in
                                           San Francisco.                                           Security Delegation No. 0170.1, which                 minimum impact. The entities most
                                           DATES: This rule is effective without
                                                                                                    collectively authorize the Coast Guard                likely to be affected are waterfront
                                           actual notice from July 10, 2018 until                   to establish safety zones. The Captain of             facilities, commercial vessels, and
                                                                                                    the Port San Francisco (COTP) has                     pleasure craft engaged in recreational
                                           July 31, 2018. For the purposes of
                                                                                                    determined that potential hazards                     activities.
                                           enforcement, actual notice will be used
                                           from the July 3, 2018 until July 10, 2018.               associated with the barge and associated              B. Impact on Small Entities
                                                                                                    recovery efforts will be a safety concern
                                           ADDRESSES: To view documents                             for anyone within a 90-yard radius of                    The Regulatory Flexibility Act of
                                           mentioned in this preamble as being                      the barge. This rule is needed to protect             1980, 5 U.S.C. 601–612, as amended,
                                           available in the docket, go to http://                   personnel, vessels, and the marine                    requires Federal agencies to consider
                                           www.regulations.gov, type USCG–2018–                     environment in the navigable waters                   the potential impact of regulations on
                                           0634 in the ‘‘SEARCH’’ box and click                     within the safety zone.                               small entities during rulemaking. The
                                           ‘‘SEARCH.’’ Click on Open Docket                                                                               term ‘‘small entities’’ comprises small
                                           Folder on the line associated with this                  IV. Discussion of the Rule                            businesses, not-for-profit organizations
                                           rule.                                                       This rule establishes a temporary                  that are independently owned and
                                           FOR FURTHER INFORMATION CONTACT: If                      safety zone from July 3, 2018 through                 operated and are not dominant in their
                                           you have questions on this rule, call or                 July 31, 2018. The safety zone will cover             fields, and governmental jurisdictions
                                           email Lieutenant Junior Grade Emily K.                   all navigable waters within 90 yards of               with populations of less than 50,000.
                                           Rowan, U.S. Coast Guard Sector San                       the unstable barge and associated                     The Coast Guard certifies under 5 U.S.C.
                                           Francisco; telephone 415–399–7443,                       recovery efforts centered in approximate              605(b) that this rule will not have a
                                           email emily.k.rowan@uscg.mil.                            position 37° 59′41.88″ N, 121° 25′8.88″               significant economic impact on a
                                           SUPPLEMENTARY INFORMATION:                               W (NAD 83). The effect of the temporary               substantial number of small entities.
                                                                                                    safety zone is intended to protect                       This rule may affect the following
                                           I. Table of Abbreviations                                personnel, vessels, and the marine                    entities, some of which may be small
                                           CFR Code of Federal Regulations                          environment in these navigable waters                 entities: owners and operators of
                                           DHS Department of Homeland Security                      from potential hazards associated with                waterfront facilities, commercial
                                           FR Federal Register                                      the barge and associated recovery                     vessels, and pleasure craft engaged in
                                           NPRM Notice of proposed rulemaking                       efforts. No vessel or person will be                  recreational activities and sightseeing, if
                                           § Section                                                permitted to enter the safety zone                    these facilities or vessels are in the
                                           U.S.C. United States Code                                without obtaining permission from the                 vicinity of the safety zone at times when
                                           II. Background Information and                           COTP or a designated representative.                  this zone is being enforced. This rule
                                           Regulatory History                                                                                             will not have a significant economic
                                                                                                    V. Regulatory Analyses                                impact on a substantial number of small
                                              The Coast Guard is issuing this                         We developed this rule after                        entities for the following reasons: (i)
                                           temporary rule without prior notice and                  considering numerous statutes and                     This rule will encompass only a small
                                           opportunity to comment pursuant to                       Executive orders related to rulemaking.               portion of the waterway for a limited
                                           authority under section 4(a) of the                      Below we summarize our analyses                       period of time, and (ii) the maritime
                                           Administrative Procedure Act (APA) (5                    based on a number of these statutes and               public will be advised in advance of
                                           U.S.C. 553(b)). This provision                           Executive orders, and we discuss First                these safety zones via Broadcast Notice
                                           authorizes an agency to issue a rule                     Amendment rights of protestors.                       to Mariners.
                                           without prior notice and opportunity to                                                                           Under section 213(a) of the Small
                                           comment when the agency for good                         A. Regulatory Planning and Review                     Business Regulatory Enforcement
                                           cause finds that those procedures are                       Executive Orders 12866 and 13563                   Fairness Act of 1996 (Pub. L. 104–121),
                                           ‘‘impracticable, unnecessary, or contrary                direct agencies to assess the costs and               we want to assist small entities in
                                           to the public interest.’’ Under 5 U.S.C.                 benefits of available regulatory                      understanding this rule. If the rule
                                           553(b)(B), the Coast Guard finds that                    alternatives and, if regulation is                    would affect your small business,
                                           good cause exists for not publishing a                   necessary, to select regulatory                       organization, or governmental
                                           notice of proposed rulemaking (NPRM)                     approaches that maximize net benefits.                jurisdiction and you have questions
                                           with respect to this rule because of the                 Executive Order 13771 directs agencies                concerning its provisions or options for
                                           emergent nature of the situation. Notice                 to control regulatory costs through a                 compliance, please contact the person
amozie on DSK3GDR082PROD with RULES




                                           and comment procedures would be                          budgeting process. This rule has not                  listed in the FOR FURTHER INFORMATION
                                           impracticable because immediate action                   been designated a ‘‘significant                       CONTACT section.
                                           is needed protect personnel, vessels,                    regulatory action,’’ under Executive                     Small businesses may send comments
                                           and the marine environment from                          Order 12866. Accordingly, this rule has               on the actions of Federal employees
                                           potential hazards associated with the                    not been reviewed by the Office of                    who enforce, or otherwise determine
                                           barge and associated recovery efforts.                   Management and Budget (OMB), and                      compliance with, Federal regulations to


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                                                               Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations                                               31891

                                           the Small Business and Agriculture                       F. Environment                                        of the Port San Francisco (COTP) will
                                           Regulatory Enforcement Ombudsman                           We have analyzed this rule under                    notify the maritime community of
                                           and the Regional Small Business                          Department of Homeland Security                       periods during which these zones will
                                           Regulatory Fairness Boards. The                          Directive 023–01 and Commandant                       be enforced via Broadcast Notice to
                                           Ombudsman evaluates these actions                        Instruction M16475.1D, which guide the                Mariners in accordance with § 165.7.
                                           annually and rates each agency’s                         Coast Guard in complying with the                       (c) Definitions. As used in this
                                           responsiveness to small business. If you                 National Environmental Policy Act of                  section, ‘‘designated representative’’
                                           wish to comment on actions by                            1969 (42 U.S.C. 4321–4370f), and have                 means a Coast Guard Patrol
                                           employees of the Coast Guard, call 1–                    determined that this action is one of a               Commander, including a Coast Guard
                                           888–REG–FAIR (1–888–734–3247). The                       category of actions that do not                       coxswain, petty officer, or other officer
                                           Coast Guard will not retaliate against                   individually or cumulatively have a                   on a Coast Guard vessel or a Federal,
                                           small entities that question or complain                 significant effect on the human                       State, or local officer designated by or
                                           about this rule or any policy or action                  environment. This rule involves safety                assisting the COTP in the enforcement
                                           of the Coast Guard.                                      zone of limited size and duration. It is              of the safety zone.
                                                                                                    categorically excluded from further                     (d) Regulations. (1) Under the general
                                           C. Collection of Information                                                                                   regulations in subpart C of this part,
                                                                                                    review under Categorical Exclusion
                                             This rule will not call for a new                      L60(d) of Appendix A, Table 1 of DHS                  entry into, transiting or anchoring
                                           collection of information under the                      Instruction Manual 023–01–001–01,                     within this safety zone is prohibited
                                           Paperwork Reduction Act of 1995 (44                      Rev. 01. A Record of Environmental                    unless authorized by the COTP or the
                                           U.S.C. 3501–3520).                                       Consideration supporting this                         COTP’s designated representative.
                                                                                                    determination is available in the docket                (2) The safety zone is closed to all
                                           D. Federalism and Indian Tribal                          where indicated under ADDRESSES.                      vessel traffic, except as may be
                                           Governments                                                                                                    permitted by the COTP or a designated
                                                                                                    G. Protest Activities                                 representative.
                                              A rule has implications for federalism                                                                        (3) Vessel operators desiring to enter
                                                                                                      The Coast Guard respects the First
                                           under Executive Order 13132,                                                                                   or operate within the safety zone must
                                                                                                    Amendment rights of protesters.
                                           Federalism, if it has a substantial direct                                                                     contact the COTP or a designated
                                                                                                    Protesters are asked to contact the
                                           effect on the States, on the relationship                                                                      representative to obtain permission to
                                                                                                    person listed in the FOR FURTHER
                                           between the national government and                                                                            do so. Vessel operators given permission
                                                                                                    INFORMATION CONTACT section to
                                           the States, or on the distribution of                                                                          to enter or operate in the safety zone
                                                                                                    coordinate protest activities so that your
                                           power and responsibilities among the                                                                           must comply with all directions given to
                                                                                                    message can be received without
                                           various levels of government. We have                                                                          them by the COTP or a designated
                                                                                                    jeopardizing the safety or security of
                                           analyzed this rule under that Order and                                                                        representative. Persons and vessels may
                                                                                                    people, places or vessels.
                                           have determined that it is consistent                                                                          request permission to enter the safety
                                           with the fundamental federalism                          List of Subjects in 33 CFR Part 165                   zones on VHF–23A or through the 24-
                                           principles and preemption requirements                     Harbors, Marine safety, Navigation                  hour Command Center at telephone
                                           described in Executive Order 13132.                      (water), Reporting and recordkeeping                  (415) 399–3547.
                                              Also, this rule does not have tribal                  requirements, Security measures,                        Dated: July 3, 2018.
                                           implications under Executive Order                       Waterways.                                            Anthony J. Ceraolo,
                                           13175, Consultation and Coordination                       For the reasons discussed in the                    Captain, U.S. Coast Guard, Captain of the
                                           with Indian Tribal Governments,                          preamble, the Coast Guard amends 33                   Port, San Francisco.
                                           because it does not have a substantial                   CFR part 165 as follows:                              [FR Doc. 2018–14739 Filed 7–9–18; 8:45 am]
                                           direct effect on one or more Indian
                                                                                                                                                          BILLING CODE 9110–04–P
                                           tribes, on the relationship between the                  PART 165—REGULATED NAVIGATION
                                           Federal Government and Indian tribes,                    AREAS AND LIMITED ACCESS AREAS
                                           or on the distribution of power and                                                                            DEPARTMENT OF HOMELAND
                                           responsibilities between the Federal                     ■ 1. The authority citation for part 165
                                                                                                    continues to read as follows:                         SECURITY
                                           Government and Indian tribes. If you
                                           believe this rule has implications for                     Authority: 33 U.S.C 1231; 50 U.S.C. 191;            Coast Guard
                                           federalism or Indian tribes, please                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           contact the person listed in the FOR                     Department of Homeland Security Delegation
                                                                                                    No. 0170.1.                                           33 CFR Part 165
                                           FURTHER INFORMATION CONTACT section
                                           above.                                                   ■ 2. Add § 165.T11–936 to read as                     [Docket Number USCG–2018–0630]
                                                                                                    follows:                                              RIN 1625–AA00
                                           E. Unfunded Mandates Reform Act
                                                                                                    § 165.T11–936 Safety Zone; Barge PFE–                 Safety Zone; Hamburg Beach Blast
                                             The Unfunded Mandates Reform Act                       LB444, San Joaquin River, Blackslough
                                           of 1995 (2 U.S.C. 1531–1538) requires                    Landing, CA.
                                                                                                                                                          Fireworks Display; Lake Erie,
                                           Federal agencies to assess the effects of                                                                      Hamburg, NY
                                                                                                      (a) Location. The following area is a
                                           their discretionary regulatory actions. In               safety zone: all navigable waters within              AGENCY:    Coast Guard, DHS.
                                           particular, the Act addresses actions                    90 yards of the unstable, partially                   ACTION:   Temporary final rule.
                                           that may result in the expenditure by a                  submerged barge and associated
                                           State, local, or tribal government, in the               recovery efforts centered in approximate              SUMMARY:   The Coast Guard is
amozie on DSK3GDR082PROD with RULES




                                           aggregate, or by the private sector of                   position 37°59′ 41.88″ N, 121°25′8.88″                establishing a temporary safety zone for
                                           $100,000,000 (adjusted for inflation) or                 W (NAD 83).                                           navigable waters within a 280-foot
                                           more in any one year. Though this rule                     (b) Enforcement period. The zone                    radius of the launch site located at
                                           will not result in such an expenditure,                  described in paragraph (a) of this                    Hamburg Beach, Hamburg, NY. This
                                           we do discuss the effects of this rule                   section will be enforced from July 3,                 safety zone is intended to restrict
                                           elsewhere in this preamble.                              2018 through July 31, 2018. The Captain               vessels from portions of Lake Erie


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Document Created: 2018-11-06 10:19:00
Document Modified: 2018-11-06 10:19:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from July 10, 2018 until July 31, 2018. For the purposes of enforcement, actual notice will be used from the July 3, 2018 until July 10, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Junior Grade Emily K. Rowan, U.S. Coast Guard Sector San Francisco; telephone 415-399-7443, email [email protected]
FR Citation83 FR 31889 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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