83_FR_53182 83 FR 52979 - Safety Zone; Hornblower Fireworks Display; San Francisco Bay; San Francisco, CA

83 FR 52979 - Safety Zone; Hornblower Fireworks Display; San Francisco Bay; San Francisco, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 203 (October 19, 2018)

Page Range52979-52981
FR Document2018-22825

The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay in support of the Hornblower Fireworks Display on October 20, 2018. This safety zone is necessary to protect personnel, vessels, and the marine environment 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 203 (Friday, October 19, 2018)
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Rules and Regulations]
[Pages 52979-52981]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22825]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0847]
RIN 1625-AA00


Safety Zone; Hornblower Fireworks Display; San Francisco Bay; San 
Francisco, 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 in support of the Hornblower 
Fireworks Display on October 20, 2018. This safety zone is necessary to 
protect personnel, vessels, and the marine environment 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 from 11 a.m. to 10:10 p.m. on October 20, 
2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-0847. 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 Chief Warrant Officer Mickey Price, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-7442 or email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Acronyms

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Since the Coast Guard received notice of 
this event on September 8, 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 Hornblower Fireworks Display on 
October 20, 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, 
staging, and transit of the fireworks barge, until after completion of 
the fireworks display. During the loading and staging of the 
pyrotechnics onto the fireworks barge, scheduled to take place from 11 
a.m. to 8:30 p.m. on October 20, 2018, at Pier 50 in San Francisco, 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 Pier 50 until the start of its 
transit to the display location. Towing of the barge from Pier 50 to 
the display location is scheduled to take place from 8:30 p.m. to 9 
p.m. on October 20, 2018, where it will remain until the conclusion of 
the fireworks display.
    At 9 p.m. on October 20, 2018, 30 minutes prior to the commencement 
of the 10 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 
37[deg]48'15'' N, 122[deg]23'27'' W (NAD 83) for the Hornblower 
Fireworks Display. The safety zone shall terminate at 10:10 p.m. on 
October 20, 2018.
    The effect of the temporary safety zone is to restrict navigation 
in the vicinity of the fireworks loading, staging, 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 areas. These regulations are needed to keep 
spectators and vessels away from the immediate vicinity of the 
fireworks firing sites to ensure the safety of participants, 
spectators, and transiting vessels.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant

[[Page 52980]]

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 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 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which may be 
small entities: owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing, if these facilities or vessels are in the 
vicinity of the safety zone at times when this zone is being enforced. 
This rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons: (i) This rule will 
encompass only a small portion of the waterway for a limited period of 
time, and (ii) the maritime public will be advised in advance of these 
safety zones via 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.T11-0847 to read as follows:


Sec.  165.T11-0847  Safety Zone; Hornblower Fireworks Display, San 
Francisco Bay, San Francisco, CA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the San Francisco Bay within 100 feet of the fireworks barge 
during loading and staging at Pier 50 in San Francisco, as well as 
transit and arrival to San Francisco, CA. From 11 a.m. on October

[[Page 52981]]

20, 2018 until approximately 8:30 p.m. on October 20, 2018, the 
fireworks barge will be loading and staging at Pier 50. The safety zone 
will expand to all navigable waters around and under the firework barge 
within a radius of 420 feet in approximate position 37[deg]48'15'' N, 
122[deg]23'27'' W (NAD 83) 30 minutes prior to the start of the 10 
minute fireworks display, scheduled to begin at 9:30 p.m. on October 
20, 2018.
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 11 a.m. on October 20, 2018 until 
approximately 10:10 p.m. on October 20, 2018. The Captain of the Port 
San Francisco (COTP) will notify the maritime community of periods 
during which these zones will be enforced via Notice to Mariners in 
accordance with 33 CFR 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 33 CFR part 
165, subpart C, 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: October 16, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-22825 Filed 10-18-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations                                           52979

                                             (2) To request permission to enter the                ‘‘SEARCH.’’ Click on Open Docket                      IV. Discussion of the Rule
                                           safety zone, contact the COTP or the                    Folder on the line associated with this                  This rule establishes a temporary
                                           COTP’s representative on marine band                    rulemaking.                                           safety zone during the loading, staging,
                                           radio VHF–FM channel 16 (156.8 MHz)                                                                           and transit of the fireworks barge, until
                                                                                                   FOR FURTHER INFORMATION CONTACT:     If
                                           or 215–271–4807.                                                                                              after completion of the fireworks
                                             (3) No vessel may take on bunkers or                  you have questions on this rule, call or
                                                                                                   email Chief Warrant Officer Mickey                    display. During the loading and staging
                                           conduct lightering operations within the
                                                                                                   Price, U.S. Coast Guard Sector San                    of the pyrotechnics onto the fireworks
                                           safety zone during the enforcement
                                                                                                   Francisco; telephone (415) 399–7442 or                barge, scheduled to take place from 11
                                           period.
                                                                                                   email at D11-PF-MarineEvents@                         a.m. to 8:30 p.m. on October 20, 2018,
                                             (4) This section applies to all vessels
                                                                                                   uscg.mil.                                             at Pier 50 in San Francisco, CA, the
                                           except those engaged in law
                                                                                                                                                         safety zone will encompass the
                                           enforcement, aids to navigation                         SUPPLEMENTARY INFORMATION:                            navigable waters around and under the
                                           servicing, and emergency response
                                                                                                   I. Table of Acronyms                                  fireworks barge within a radius of 100
                                           operations.
                                             (d) Enforcement. The U.S. Coast                                                                             feet.
                                                                                                   APA Administrative Procedure Act                         The fireworks barge will remain at
                                           Guard may be assisted in the patrol and                 COTP U.S. Coast Guard Captain on the Port
                                           enforcement of the safety zone by                                                                             Pier 50 until the start of its transit to the
                                                                                                   DHS Department of Homeland Security                   display location. Towing of the barge
                                           federal, state, and local agencies.                     FR Federal Register
                                             (e) Enforcement period. This zone                                                                           from Pier 50 to the display location is
                                                                                                   NOAA National Oceanic and Atmospheric
                                           will be enforced from 11 p.m. through                     Administration                                      scheduled to take place from 8:30 p.m.
                                           11:59 p.m. on October 19, 2018.                         NPRM Notice of proposed rulemaking                    to 9 p.m. on October 20, 2018, where it
                                                                                                   PATCOM U.S. Coast Guard Patrol                        will remain until the conclusion of the
                                             Dated: October 15, 2018.                                                                                    fireworks display.
                                                                                                     Commander
                                           S.E. Anderson,                                          U.S.C. United States Code                                At 9 p.m. on October 20, 2018, 30
                                           Captain, U.S. Coast Guard, Captain of the                                                                     minutes prior to the commencement of
                                           Port Delaware Bay.                                      II. Background Information and
                                                                                                                                                         the 10 minute fireworks display, the
                                           [FR Doc. 2018–22868 Filed 10–18–18; 8:45 am]            Regulatory History
                                                                                                                                                         safety zone will increase in size and
                                           BILLING CODE 9110–04–P
                                                                                                      The Coast Guard is issuing this                    encompass the navigable waters around
                                                                                                   temporary final rule without prior                    and under the fireworks barge within a
                                                                                                   notice and opportunity to comment                     radius of 420 feet in approximate
                                           DEPARTMENT OF HOMELAND                                                                                        position 37°48′15″ N, 122°23′27″ W
                                                                                                   pursuant to authority under section 4(a)
                                           SECURITY                                                                                                      (NAD 83) for the Hornblower Fireworks
                                                                                                   of the Administrative Procedure Act
                                                                                                   (APA) (5 U.S.C. 553(b)). This provision               Display. The safety zone shall terminate
                                           Coast Guard
                                                                                                   authorizes an agency to issue a rule                  at 10:10 p.m. on October 20, 2018.
                                                                                                   without prior notice and opportunity to                  The effect of the temporary safety
                                           33 CFR Part 165
                                                                                                   comment when the agency for good                      zone is to restrict navigation in the
                                           [Docket No. USCG–2018–0847]                             cause finds that those procedures are                 vicinity of the fireworks loading,
                                           RIN 1625–AA00                                           ‘‘impracticable, unnecessary, or contrary             staging, transit, and firing site. Except
                                                                                                   to the public interest.’’ Under 5 U.S.C.              for persons or vessels authorized by the
                                           Safety Zone; Hornblower Fireworks                       553(b)(B), the Coast Guard finds that                 COTP or the COTP’s designated
                                           Display; San Francisco Bay; San                         good cause exists for not publishing a                representative, no person or vessel may
                                           Francisco, CA                                           notice of proposed rulemaking (NPRM)                  enter or remain in the restricted areas.
                                                                                                   with respect to this rule. Since the Coast            These regulations are needed to keep
                                           AGENCY:    Coast Guard, DHS.                                                                                  spectators and vessels away from the
                                                                                                   Guard received notice of this event on
                                           ACTION:   Temporary final rule.                         September 8, 2018, notice and comment                 immediate vicinity of the fireworks
                                                                                                   procedures would be impracticable in                  firing sites to ensure the safety of
                                           SUMMARY:   The Coast Guard is
                                                                                                   this instance.                                        participants, spectators, and transiting
                                           establishing a temporary safety zone in
                                                                                                                                                         vessels.
                                           the navigable waters of San Francisco                      For similar reasons as those stated
                                           Bay in support of the Hornblower                        above, under 5 U.S.C. 553(d)(3), the                  V. Regulatory Analyses
                                           Fireworks Display on October 20, 2018.                  Coast Guard finds that good cause exists                We developed this rule after
                                           This safety zone is necessary to protect                for making this rule effective less than              considering numerous statutes and
                                           personnel, vessels, and the marine                      30 days after publication in the Federal              executive orders related to rulemaking.
                                           environment from the dangers                            Register.                                             Below we summarize our analyses
                                           associated with pyrotechnics.                                                                                 based on a number of these statutes and
                                                                                                   III. Legal Authority and Need for Rule
                                           Unauthorized persons or vessels are                                                                           Executive orders, and we discuss First
                                           prohibited from entering into, transiting                 The Coast Guard is issuing this rule                Amendment rights of protestors.
                                           through, or remaining in the safety zone                under authority in 33 U.S.C. 1231. The
                                           without permission of the Captain of the                Captain of the Port (COTP) San                        A. Regulatory Planning and Review
                                           Port or their designated representative.                Francisco has determined that potential                  Executive Orders 12866 and 13563
                                           DATES: This rule is effective from 11                   hazards associated with the Hornblower                direct agencies to assess the costs and
                                           a.m. to 10:10 p.m. on October 20, 2018.                 Fireworks Display on October 20, 2018,                benefits of available regulatory
                                           ADDRESSES: Documents mentioned in                       will be a safety concern for anyone                   alternatives and, if regulation is
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                                           this preamble are part of docket USCG–                  within a 100 foot radius of the fireworks             necessary, to select regulatory
                                           2018–0847. To view documents                            barge and anyone within a 420 foot                    approaches that maximize net benefits.
                                           mentioned in this preamble as being                     radius of the fireworks firing site. This             Executive Order 13771 directs agencies
                                           available in the docket, go to http://                  rule is needed to protect spectators,                 to control regulatory costs through a
                                           www.regulations.gov, type the docket                    vessels, and other property from hazards              budgeting process. This rule has not
                                           number in the ‘‘SEARCH’’ box and click                  associated with pyrotechnics.                         been designated a ‘‘significant


                                      VerDate Sep<11>2014   16:11 Oct 18, 2018   Jkt 247001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\19OCR1.SGM   19OCR1


                                           52980             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations

                                           regulatory action,’’ under Executive                      Small businesses may send comments                  do discuss the effects of this rule
                                           Order 12866. Accordingly, this rule has                 on the actions of Federal employees                   elsewhere in this preamble.
                                           not been reviewed by the Office of                      who enforce, or otherwise determine
                                                                                                                                                         F. Environment
                                           Management and Budget (OMB), and                        compliance with, Federal regulations to
                                           pursuant to OMB guidance it is exempt                   the Small Business and Agriculture                      We have analyzed this rule under
                                           from the requirements of Executive                      Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                           Order 13771.                                            and the Regional Small Business                       Management Directive 023–01 and
                                              This regulatory action determination                 Regulatory Fairness Boards. The                       Commandant Instruction M16475.1D,
                                           is based on the limited duration and                    Ombudsman evaluates these actions                     which guide the Coast Guard in
                                           narrowly tailored geographic area of the                annually and rates each agency’s                      complying with the National
                                           safety zone. Although this rule restricts               responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                           access to the waters encompassed by the                 wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                           safety zone, the effect of this rule will               employees of the Coast Guard, call 1–                 determined that this action is one of a
                                           not be significant because the local                    888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                           waterway users will be notified via                     Coast Guard will not retaliate against                individually or cumulatively have a
                                           public Notice to Mariners to ensure the                 small entities that question or complain              significant effect on the human
                                           safety zone will result in minimum                      about this rule or any policy or action               environment. This rule involves a safety
                                           impact. The entities most likely to be                  of the Coast Guard.                                   zone of limited size and duration. It is
                                           affected are waterfront facilities,                                                                           categorically excluded from further
                                                                                                   C. Collection of Information
                                           commercial vessels, and pleasure craft                                                                        review under Categorical Exclusion
                                           engaged in recreational 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,                    D. Federalism and Indian Tribal                       determination is available in the docket
                                           requires federal agencies to consider the               Governments                                           where indicated under ADDRESSES.
                                           potential impact of regulations on small                   A rule has implications for federalism             G. Protest Activities
                                           entities during rulemaking. The term                    under Executive Order 13132,
                                           ‘‘small entities’’ comprises small                                                                              The Coast Guard respects the First
                                                                                                   Federalism, if it has a substantial direct            Amendment rights of protesters.
                                           businesses, not-for-profit organizations                effect on the States, on the relationship
                                           that are independently owned and                                                                              Protesters are asked to contact the
                                                                                                   between the national government and                   person listed in the FOR FURTHER
                                           operated and are not dominant in their                  the States, or on the distribution of                 INFORMATION CONTACT section to
                                           fields, and governmental jurisdictions                  power and responsibilities among the
                                           with populations of less than 50,000.                                                                         coordinate protest activities so that your
                                                                                                   various levels of government. We have                 message can be received without
                                           The Coast Guard certifies under 5 U.S.C.                analyzed this rule under that Order and
                                           605(b) that this rule will not have a                                                                         jeopardizing the safety or security of
                                                                                                   have determined that it is consistent                 people, places or vessels.
                                           significant economic impact on a                        with the fundamental federalism
                                           substantial number of small entities.                   principles and preemption requirements                List of Subjects in 33 CFR Part 165
                                              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,
                                           recreational activities and sightseeing, if                                                                     For the reasons discussed in the
                                                                                                   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
                                           vicinity of the safety zone at times when                                                                     CFR part 165 as follows:
                                                                                                   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                    FURTHER INFORMATION CONTACT section                   Department of Homeland Security Delegation
                                           these safety zones via Notice to                        above.                                                No. 0170.1.
                                           Mariners.
                                                                                                   E. Unfunded Mandates Reform Act                       ■ 2. Add § 165.T11–0847 to read as
                                              Under section 213(a) of the Small
                                                                                                                                                         follows:
                                           Business Regulatory Enforcement                           The Unfunded Mandates Reform Act
                                           Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 § 165.T11–0847 Safety Zone; Hornblower
                                           we want to assist small entities in                     Federal agencies to assess the effects of             Fireworks Display, San Francisco Bay, San
                                           understanding this rule. If the rule                    their discretionary regulatory actions. In            Francisco, CA.
                                           would affect your small business,                       particular, the Act addresses actions                    (a) Location. The following area is a
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                                           organization, or governmental                           that may result in the expenditure by a               safety zone: All navigable waters of the
                                           jurisdiction and you have questions                     State, local, or tribal government, in the            San Francisco Bay within 100 feet of the
                                           concerning its provisions or options for                aggregate, or by the private sector of                fireworks barge during loading and
                                           compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              staging at Pier 50 in San Francisco, as
                                           listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                well as transit and arrival to San
                                           CONTACT section.                                        will not result in such expenditure, we               Francisco, CA. From 11 a.m. on October


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                                                             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations                                       52981

                                           20, 2018 until approximately 8:30 p.m.                  DEPARTMENT OF HOMELAND                                without prior notice and opportunity to
                                           on October 20, 2018, the fireworks barge                SECURITY                                              comment when the agency for good
                                           will be loading and staging at Pier 50.                                                                       cause finds that those procedures are
                                           The safety zone will expand to all                      Coast Guard                                           ‘‘impracticable, unnecessary, or contrary
                                           navigable waters around and under the                                                                         to the public interest.’’ Under 5 U.S.C.
                                           firework barge within a radius of 420                   33 CFR Part 165                                       553(b)(B), the Coast Guard finds that
                                           feet in approximate position 37°48′15″                  [Docket Number USCG–2018–0910]                        good cause exists for not publishing a
                                           N, 122°23′27″ W (NAD 83) 30 minutes                                                                           notice of proposed rulemaking (NPRM)
                                                                                                   RIN 1625–AA00                                         with respect to this rule because doing
                                           prior to the start of the 10 minute
                                           fireworks display, scheduled to begin at                                                                      so would be impracticable and contrary
                                                                                                   Safety Zone; Fox River, Brown County                  to the public interest. The final details
                                           9:30 p.m. on October 20, 2018.                          Fireworks, Green Bay, WI                              for this event were not known to the
                                              (b) Enforcement period. The zone                     AGENCY:    Coast Guard, DHS.                          Coast Guard until there was insufficient
                                           described in paragraph (a) of this                                                                            time remaining before the event to
                                                                                                   ACTION:   Temporary final rule.
                                           section will be enforced from 11 a.m. on                                                                      publish an NPRM. Delaying the effective
                                           October 20, 2018 until approximately                    SUMMARY:   The Coast Guard is                         date of this rule to wait for a comment
                                           10:10 p.m. on October 20, 2018. The                     establishing a temporary safety zone on               period to run would be both
                                           Captain of the Port San Francisco                       the Fox River in Green Bay, WI, for all               impracticable and contrary to the public
                                           (COTP) will notify the maritime                         navigable waters within a 210-foot                    interest because it would inhibit the
                                           community of periods during which                       radius of the approximate launch                      Coast Guard’s ability to protect the
                                           these zones will be enforced via Notice                 position at 44°31.016′ N, 088°01.016′ W               public, vessels, mariners, and property
                                           to Mariners in accordance with 33 CFR                   (NAD 83). This action is necessary to                 from the hazards associated with the
                                           165.7.                                                  protect spectators, mariners, vessels,                fireworks display on October 26, 2018.
                                                                                                   and property from potential hazards                      Under 5 U.S.C. 553(d)(3), the Coast
                                              (c) Definitions. As used in this
                                                                                                   associated with a fireworks display.                  Guard finds that good cause exists for
                                           section, ‘‘designated representative’’
                                                                                                   Entry of vessels or persons into this                 making this rule effective less than 30
                                           means a Coast Guard Patrol                              zone is prohibited unless specifically                days after publication in the Federal
                                           Commander, including a Coast Guard                      authorized by the Captain of the Port                 Register for the same reasons discussed
                                           coxswain, petty officer, or other officer               Lake Michigan or a designated                         in the preceding paragraph. Waiting for
                                           on a Coast Guard vessel or a Federal,                   representative.                                       a 30 day notice period to run would be
                                           State, or local officer designated by or                                                                      impracticable and contrary to the public
                                           assisting the COTP in the enforcement                   DATES:  This rule is effective from 7 p.m.
                                                                                                   through 7:30 p.m. on October 26, 2018.                interest.
                                           of the safety zone.
                                                                                                   ADDRESSES: To view documents                          III. Legal Authority and Need for Rule
                                              (d) Regulations. (1) Under the general               mentioned in this preamble as being
                                           regulations in 33 CFR part 165, subpart                 available in the docket, go to http://                  The legal basis for this rule is the
                                           C, entry into, transiting or anchoring                  www.regulations.gov, type USCG–2018–                  Coast Guard’s authority to establish
                                           within this safety zone is prohibited                   0910 in the ‘‘SEARCH’’ box and click                  safety zones: 33 U.S.C. 1231; 33 CFR
                                           unless authorized by the COTP or the                    ‘‘SEARCH.’’ Click on Open Docket                      1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           COTP’s designated representative.                       Folder on the line associated with this               Department of Homeland Security
                                                                                                   rule.                                                 Delegation No. 0170.1.
                                              (2) The safety zone is closed to all
                                                                                                   FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                           The Coast Guard will enforce a safety
                                           vessel traffic, except as may be
                                                                                                   you have questions on this document,                  zone on October 26, 2018, from 7 p.m.
                                           permitted by the COTP or a designated
                                                                                                   call or email the marine event                        through 7:30 p.m., for a fireworks
                                           representative.
                                                                                                   coordinator, MSTC Kaleena Carpino,                    display on Fox River in Green Bay, WI.
                                              (3) Vessel operators desiring to enter                                                                     The Captain of the Port Lake Michigan
                                                                                                   Prevention Department, Coast Guard
                                           or operate within the safety zone must                                                                        has determined that this fireworks
                                                                                                   Sector Lake Michigan, Milwaukee, WI;
                                           contact the COTP or a designated                                                                              display will pose a significant risk to
                                                                                                   telephone (414) 747–7148, email D09-
                                           representative to obtain permission to                  SMB-SECLakeMichigan-WWM@                              public safety and property. Such
                                           do so. Vessel operators given permission                uscg.mil.                                             hazards include premature and
                                           to enter or operate in the safety zone                                                                        accidental detonations, falling and
                                           must comply with all directions given to                SUPPLEMENTARY INFORMATION:                            burning debris, and collisions among
                                           them by the COTP or a designated                        I. Table of Abbreviations                             spectator vessels.
                                           representative. Persons and vessels may                                                                       IV. Discussion of the Rule
                                                                                                   CFR Code of Federal Regulations
                                           request permission to enter the safety                  DHS Department of Homeland Security
                                           zones on VHF–23A or through the 24-                                                                              With the aforementioned hazards in
                                                                                                   FR Federal Register
                                           hour Command Center at telephone                        NPRM Notice of proposed rulemaking                    mind, the Captain of the Port Lake
                                           (415) 399–3547.                                         § Section                                             Michigan has determined that this
                                                                                                   U.S.C. United States Code                             temporary safety zone is necessary to
                                             Dated: October 16, 2018.                                                                                    protect persons and vessels during the
                                           Anthony J. Ceraolo,                                     II. Background Information and                        fireworks display in the waters of Fox
                                           Captain, U.S. Coast Guard, Captain of the
                                                                                                   Regulatory History                                    River, in Green Bay, WI. This zone is
                                           Port, San Francisco.                                       The Coast Guard is issuing this                    effective and will be enforced from 7
amozie on DSK3GDR082PROD with RULES




                                           [FR Doc. 2018–22825 Filed 10–18–18; 8:45 am]            temporary rule without prior notice and               p.m. through 7:30 p.m. on October 26,
                                           BILLING CODE 9110–04–P                                  opportunity to comment pursuant to                    2018. The safety zone will encompass
                                                                                                   authority under section 4(a) of the                   all navigable waters of Fox River within
                                                                                                   Administrative Procedure Act (APA) (5                 a 210-foot radius of the approximate
                                                                                                   U.S.C. 553(b)). This provision                        launch position at 44°31.016′ N,
                                                                                                   authorizes an agency to issue a rule                  088°01.016′ W (NAD 83).


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Document Created: 2018-10-19 01:25:50
Document Modified: 2018-10-19 01:25:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 11 a.m. to 10:10 p.m. on October 20, 2018.
ContactIf you have questions on this rule, call or email Chief Warrant Officer Mickey Price, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7442 or email at D11-PF- [email protected]
FR Citation83 FR 52979 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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