83_FR_8980 83 FR 8938 - Safety Zone: Monte Foundation Snowfest Fireworks, Tahoe City, Lake Tahoe, CA

83 FR 8938 - Safety Zone: Monte Foundation Snowfest Fireworks, Tahoe City, Lake Tahoe, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 42 (March 2, 2018)

Page Range8938-8940
FR Document2018-04365

The Coast Guard is establishing a temporary safety zone in the navigable waters of Lake Tahoe near Commons Beach in support of the Monte Foundation Snowfest Festival Fireworks Display on March 2, 2018. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative.

Federal Register, Volume 83 Issue 42 (Friday, March 2, 2018)
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Rules and Regulations]
[Pages 8938-8940]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04365]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0117]
RIN 1625-AA00


Safety Zone: Monte Foundation Snowfest Fireworks, Tahoe City, 
Lake Tahoe, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of Lake Tahoe near Commons Beach in support of the 
Monte Foundation Snowfest Festival Fireworks Display on March 2, 2018. 
This safety zone is established to ensure the safety of participants 
and spectators from the dangers associated with pyrotechnics. 
Unauthorized persons or vessels are prohibited from entering into, 
transiting through, or remaining in the safety zone without permission 
of the Captain of the Port or their designated representative.

DATES: This rule is effective from 7 a.m. to 8:15 p.m. on March 2, 
2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-0117. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

APA Administrative Procedure Act
COTP U.S. Coast Guard Captain of 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 January 30, 2018, notice and comment procedures would be 
impracticable in this instance.
    For similar reasons as those stated above, under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exists for making this 
rule effective less than 30 days after publication in the Federal 
Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port (COTP) San Francisco has determined that 
potential hazards associated with the planned fireworks display on 
March 2, 2018, will be a safety concern for anyone within a 100-foot 
radius of the fireworks barge and anyone within a 350-feet radius of 
the fireworks firing site. Loading of the pyrotechnics onto the 
fireworks barge is scheduled to take place from 7:00 a.m. to 11:00 a.m. 
on March 2, 2018, at Lake Forest Boat Ramp in Tahoe City, CA. From 
11:00 a.m. to 5:30 p.m. on March 2, 2018, the staged fireworks barge 
will remain at Lake Forest Boat Ramp until the start of its transit to 
the display

[[Page 8939]]

location. Towing of the barge from Lake Forest Boat Ramp to the display 
location is scheduled to take place from 5:30 p.m. to 7:30 p.m. on 
March 2, 2018 where it will remain until the conclusion of the 
fireworks display. 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 from 7:00 a.m. to 
8:15 p.m. on March 2, 2018. During the loading, staging, transit, and 
until 30 minutes prior to the start of the fireworks display, the 
safety zone applies to the navigable waters around and under the 
fireworks barge within a radius of 100 feet. At 7:00 p.m. on March 2, 
2018, 30 minutes prior to the commencement of the 12-minute fireworks 
display, the safety zone will increase in size and encompass the 
navigable water around and under the fireworks barge within a radius of 
350 feet in approximate position 39[deg]10'07'' N, 120[deg]08'16'' W 
(NAD 83) for the Monte Foundation Snowfest Fireworks Display. The 
safety zone shall terminate at 8:15 p.m. on March 2, 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 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 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which may be 
small entities: Owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing, if these facilities or vessels are in the 
vicinity of the safety zone at times when this zone is being enforced. 
This rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons: (i) This rule will 
encompass only a small portion of the waterway for a limited period of 
time, and (ii) the maritime public will be advised in advance of these 
safety zones via Broadcast Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

[[Page 8940]]

F. Environment

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

    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.T11-915 to read as follows:


Sec.  165.T11-915   Safety Zone; Monte Foundation Snowfest Fireworks 
Display, Tahoe City, Lake Tahoe, CA.

    (a) Location. This temporary safety zone is established in the 
navigable waters of Lake Tahoe near Commons Beach in Tahoe City, Lake 
Tahoe, CA as depicted in National Oceanic and Atmospheric 
Administration (NOAA) Chart 18665. Starting at the Lake Forest Boat 
Ramp from 7 a.m. to 7 p.m. on March 2, 2018, during the loading, 
staging, transit, and arrival of the fireworks barge and until 30 
minutes prior to the start of the fireworks display, the temporary 
safety zone applies to the navigable waters around and under the 
fireworks barge within a radius of 100 feet. At 7 p.m., 30 minutes 
prior to the commencement of the 12 minute fireworks display, scheduled 
to begin at 7:30 p.m. on March 2, 2018, the safety zone will expand to 
encompass the navigable waters around and under the fireworks barge 
within a radius of 350 feet in approximate position 39[deg]10'07'' N, 
120[deg]08'16'' W (NAD 83).
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 7 a.m. until approximately 8:15 p.m. 
March 2, 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 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: February 23, 2018.
Patrick S. Nelson,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San 
Francisco.
[FR Doc. 2018-04365 Filed 3-1-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             8938                 Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations

                                             ACTION:Notice of deviation from                         unable to pass through the bridge in the              FOR FURTHER INFORMATION CONTACT:     If
                                             drawbridge regulation.                                  closed position. The Coast Guard will                 you have questions on this rule, call or
                                                                                                     also inform the users of the waterway                 email Lieutenant Junior Grade Emily
                                             SUMMARY:    The Coast Guard has issued a                through our Local Notice and Broadcast                Rowan, U.S. Coast Guard Sector San
                                             temporary deviation from the operating                  Notices to Mariners of the change in                  Francisco; telephone (415) 399–7443 or
                                             schedule that governs the CSX Swing                     operating schedule for the bridge so that             email at D11-PF-MarineEvents@
                                             Bridge which carries CSX railroad                       vessel operators can arrange their                    uscg.mil.
                                             across the Curtis Creek, mile 1.4, at                   transits to minimize any impact caused
                                             Baltimore, MD. The deviation is                                                                               SUPPLEMENTARY INFORMATION:
                                                                                                     by the temporary deviation.
                                             necessary to facilitate bridge                             In accordance with 33 CFR 117.35(e),               I. Table of Acronyms
                                             maintenance. This deviation allows the                  the drawbridge must return to its regular
                                             bridge to remain in the closed-to-                                                                            APA Administrative Procedure Act
                                                                                                     operating schedule immediately at the                 COTP U.S. Coast Guard Captain of the Port
                                             navigation position.                                    end of the effective period of this                   DHS Department of Homeland Security
                                             DATES: The deviation is effective from 8                temporary deviation. This deviation                   FR Federal Register
                                             a.m. on Monday, March 5, 2018,                          from the operating regulations is                     NOAA National Oceanic and Atmospheric
                                             through 2:30 p.m. on Friday, March 30,                  authorized under 33 CFR 117.35.                         Administration
                                             2018.                                                                                                         NPRM Notice of Proposed Rulemaking
                                                                                                       Dated: February 26, 2018.                           PATCOM U.S. Coast Guard Patrol
                                             ADDRESSES: The docket for this
                                                                                                     Hal R. Pitts,                                           Commander
                                             deviation, [USCG–2018–0031] is                                                                                U.S.C. United States Code
                                                                                                     Bridge Program Manager, Fifth Coast Guard
                                             available at http://www.regulations.gov.                District.
                                             Type the docket number in the                                                                                 II. Background Information and
                                                                                                     [FR Doc. 2018–04250 Filed 3–1–18; 8:45 am]
                                             ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                                                                          Regulatory History
                                                                                                     BILLING CODE 9110–04–P
                                             Click on Open Docket Folder on the line                                                                          The Coast Guard is issuing this
                                             associated with this deviation.                                                                               temporary final rule without prior
                                             FOR FURTHER INFORMATION CONTACT: If                     DEPARTMENT OF HOMELAND                                notice and opportunity to comment
                                             you have questions on this temporary                    SECURITY                                              pursuant to authority under section 4(a)
                                             deviation, call or email Mr. Michael                                                                          of the Administrative Procedure Act
                                             Thorogood, Bridge Administration                        Coast Guard                                           (APA) (5 U.S.C. 553(b)). This provision
                                             Branch Fifth District, Coast Guard,                                                                           authorizes an agency to issue a rule
                                             telephone 757–398–6557, email                           33 CFR Part 165                                       without prior notice and opportunity to
                                             Michael.R.Thorogood@uscg.mil.                                                                                 comment when the agency for good
                                                                                                     [Docket No. USCG–2018–0117]
                                             SUPPLEMENTARY INFORMATION: The CSX                                                                            cause finds that those procedures are
                                             Corporation, owner and operator of the                  RIN 1625–AA00                                         ‘‘impracticable, unnecessary, or contrary
                                             CSX Swing Bridge that carries CSX                                                                             to the public interest.’’ Under 5 U.S.C.
                                             railroad across the Curtis Creek, mile                  Safety Zone: Monte Foundation                         553(b)(B), the Coast Guard finds that
                                             1.4, at Baltimore, MD, has requested a                  Snowfest Fireworks, Tahoe City, Lake                  good cause exists for not publishing a
                                             temporary deviation from the current                    Tahoe, CA                                             notice of proposed rulemaking (NPRM)
                                             operating schedule to facilitate                                                                              with respect to this rule. Since the Coast
                                             installation of railroad ties across the                AGENCY:    Coast Guard, DHS.                          Guard received notice of this event on
                                             swing span of the drawbridge. The                       ACTION:   Temporary final rule.                       January 30, 2018, notice and comment
                                             bridge has a vertical clearance of 13 feet                                                                    procedures would be impracticable in
                                                                                                     SUMMARY:   The Coast Guard is
                                             above mean high water in the closed                                                                           this instance.
                                                                                                     establishing a temporary safety zone in
                                             position and unlimited vertical                                                                                  For similar reasons as those stated
                                                                                                     the navigable waters of Lake Tahoe near
                                             clearance in the open position. The                                                                           above, under 5 U.S.C. 553(d)(3), the
                                                                                                     Commons Beach in support of the
                                             current operating schedule is set out in                                                                      Coast Guard finds that good cause exists
                                                                                                     Monte Foundation Snowfest Festival
                                             33 CFR 117.5. Under this temporary                                                                            for making this rule effective less than
                                                                                                     Fireworks Display on March 2, 2018.
                                             deviation, the bridge will remain in the                                                                      30 days after publication in the Federal
                                                                                                     This safety zone is established to ensure
                                             closed-to-navigation position from 8                                                                          Register.
                                                                                                     the safety of participants and spectators
                                             a.m. to 2:30 p.m., Monday through
                                                                                                     from the dangers associated with                      III. Legal Authority and Need for Rule
                                             Friday, March 5, 2018, through March
                                                                                                     pyrotechnics. Unauthorized persons or                    The Coast Guard is issuing this rule
                                             30, 2018.
                                                Curtis Creek is used by a variety of                 vessels are prohibited from entering                  under authority in 33 U.S.C. 1231. The
                                             vessels including U.S. government and                   into, transiting through, or remaining in             Captain of the Port (COTP) San
                                             public vessels, tug and barge traffic, and              the safety zone without permission of                 Francisco has determined that potential
                                             recreational vessels. The Coast Guard                   the Captain of the Port or their                      hazards associated with the planned
                                             has carefully coordinated the                           designated representative.                            fireworks display on March 2, 2018, will
                                             restrictions with waterway users in                     DATES: This rule is effective from 7 a.m.             be a safety concern for anyone within a
                                             publishing this temporary deviation.                    to 8:15 p.m. on March 2, 2018.                        100-foot radius of the fireworks barge
                                                Vessels able to pass through the                     ADDRESSES: Documents mentioned in                     and anyone within a 350-feet radius of
                                             bridge in the closed-to-navigation                      this preamble are part of docket USCG–                the fireworks firing site. Loading of the
                                             position may do so at any time. The                     2018–0117. To view documents                          pyrotechnics onto the fireworks barge is
                                             bridge will open on signal, if at least one             mentioned in this preamble as being                   scheduled to take place from 7:00 a.m.
daltland on DSKBBV9HB2PROD with RULES




                                             hour notification is given. The bridge                  available in the docket, go to http://                to 11:00 a.m. on March 2, 2018, at Lake
                                             will be able to open for emergencies, if                www.regulations.gov, type the docket                  Forest Boat Ramp in Tahoe City, CA.
                                             at least 15 minutes notification is given.              number in the ‘‘SEARCH’’ box and click                From 11:00 a.m. to 5:30 p.m. on March
                                             The bridge may be contacted at (410)                    ‘‘SEARCH.’’ Click on Open Docket                      2, 2018, the staged fireworks barge will
                                             354–5593 24 hours per day. There is no                  Folder on the line associated with this               remain at Lake Forest Boat Ramp until
                                             immediate alternative route for vessels                 rulemaking.                                           the start of its transit to the display


                                        VerDate Sep<11>2014   16:25 Mar 01, 2018   Jkt 244001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\02MRR1.SGM   02MRR1


                                                                  Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations                                           8939

                                             location. Towing of the barge from Lake                 Management and Budget (OMB), and                      compliance with, Federal regulations to
                                             Forest Boat Ramp to the display location                pursuant to OMB guidance it is exempt                 the Small Business and Agriculture
                                             is scheduled to take place from 5:30                    from the requirements of Executive                    Regulatory Enforcement Ombudsman
                                             p.m. to 7:30 p.m. on March 2, 2018                      Order 13771.                                          and the Regional Small Business
                                             where it will remain until the                             This regulatory action determination               Regulatory Fairness Boards. The
                                             conclusion of the fireworks display.                    is based on the limited duration and                  Ombudsman evaluates these actions
                                             This rule is needed to protect spectators,              narrowly tailored geographic area of the              annually and rates each agency’s
                                             vessels, and other property from hazards                safety zone. Although this rule restricts             responsiveness to small business. If you
                                             associated with pyrotechnics.                           access to the waters encompassed by the               wish to comment on actions by
                                                                                                     safety zone, the effect of this rule will             employees of the Coast Guard, call 1–
                                             IV. Discussion of the Rule                              not be significant because the local                  888–REG–FAIR (1–888–734–3247). The
                                                This rule establishes a temporary                    waterway users will be notified via                   Coast Guard will not retaliate against
                                             safety zone from 7:00 a.m. to 8:15 p.m.                 public Broadcast Notice to Mariners to                small entities that question or complain
                                             on March 2, 2018. During the loading,                   ensure the safety zone will result in                 about this rule or any policy or action
                                             staging, transit, and until 30 minutes                  minimum impact. The entities most                     of the Coast Guard.
                                             prior to the start of the fireworks                     likely to be affected are waterfront
                                             display, the safety zone applies to the                 facilities, commercial vessels, and                   C. Collection of Information
                                             navigable waters around and under the                   pleasure craft engaged in recreational                  This rule will not call for a new
                                             fireworks barge within a radius of 100                  activities.                                           collection of information under the
                                             feet. At 7:00 p.m. on March 2, 2018, 30                                                                       Paperwork Reduction Act of 1995 (44
                                                                                                     B. Impact on Small Entities
                                             minutes prior to the commencement of                                                                          U.S.C. 3501–3520).
                                             the 12-minute fireworks display, the                       The Regulatory Flexibility Act of 1980
                                             safety zone will increase in size and                   (RFA), 5 U.S.C. 601–612, as amended,                  D. Federalism and Indian Tribal
                                             encompass the navigable water around                    requires federal agencies to consider the             Governments
                                             and under the fireworks barge within a                  potential impact of regulations on small
                                                                                                     entities during rulemaking. The term                     A rule has implications for federalism
                                             radius of 350 feet in approximate                                                                             under Executive Order 13132,
                                             position 39°10′07″ N, 120°08′16″ W                      ‘‘small entities’’ comprises small
                                                                                                     businesses, not-for-profit organizations              Federalism, if it has a substantial direct
                                             (NAD 83) for the Monte Foundation                                                                             effect on the States, on the relationship
                                             Snowfest Fireworks Display. The safety                  that are independently owned and
                                                                                                     operated and are not dominant in their                between the national government and
                                             zone shall terminate at 8:15 p.m. on                                                                          the States, or on the distribution of
                                             March 2, 2018.                                          fields, and governmental jurisdictions
                                                                                                     with populations of less than 50,000.                 power and responsibilities among the
                                                The effect of the temporary safety
                                                                                                     The Coast Guard certifies under 5 U.S.C.              various levels of government. We have
                                             zone is to restrict navigation in the
                                                                                                     605(b) that this rule will not have a                 analyzed this rule under that Order and
                                             vicinity of the fireworks loading,
                                                                                                     significant economic impact on a                      have determined that it is consistent
                                             staging, transit, and firing site. Except
                                                                                                     substantial number of small entities.                 with the fundamental federalism
                                             for persons or vessels authorized by the
                                                                                                        This rule may affect the following                 principles and preemption requirements
                                             COTP or the COTP’s designated
                                                                                                     entities, some of which may be small                  described in Executive Order 13132.
                                             representative, no person or vessel may
                                             enter or remain in the restricted areas.                entities: Owners and operators of                        Also, this rule does not have tribal
                                             These regulations are needed to keep                    waterfront facilities, commercial                     implications under Executive Order
                                             spectators and vessels away from the                    vessels, and pleasure craft engaged in                13175, Consultation and Coordination
                                             immediate vicinity of the fireworks                     recreational activities and sightseeing, if           with Indian Tribal Governments,
                                             firing sites to ensure the safety of                    these facilities or vessels are in the                because it does not have a substantial
                                             participants, spectators, and transiting                vicinity of the safety zone at times when             direct effect on one or more Indian
                                             vessels.                                                this zone is being enforced. This rule                tribes, on the relationship between the
                                                                                                     will not have a significant economic                  Federal Government and Indian tribes,
                                             V. Regulatory Analyses                                  impact on a substantial number of small               or on the distribution of power and
                                               We developed this rule after                          entities for the following reasons: (i)               responsibilities between the Federal
                                             considering numerous statutes and                       This rule will encompass only a small                 Government and Indian tribes. If you
                                             executive orders related to rulemaking.                 portion of the waterway for a limited                 believe this rule has implications for
                                             Below we summarize our analyses                         period of time, and (ii) the maritime                 federalism or Indian tribes, please
                                             based on a number of these statutes and                 public will be advised in advance of                  contact the person listed in the FOR
                                             Executive orders, and we discuss First                  these safety zones via Broadcast Notice               FURTHER INFORMATION CONTACT section
                                             Amendment rights of protestors.                         to Mariners.                                          above.
                                                                                                        Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                             A. Regulatory Planning and Review                       Business Regulatory Enforcement
                                                Executive Orders 12866 and 13563                     Fairness Act of 1996 (Pub. L. 104–121),                 The Unfunded Mandates Reform Act
                                             direct agencies to assess the costs and                 we want to assist small entities in                   of 1995 (2 U.S.C. 1531–1538) requires
                                             benefits of available regulatory                        understanding this rule. If the rule                  Federal agencies to assess the effects of
                                             alternatives and, if regulation is                      would affect your small business,                     their discretionary regulatory actions. In
                                             necessary, to select regulatory                         organization, or governmental                         particular, the Act addresses actions
                                             approaches that maximize net benefits.                  jurisdiction and you have questions                   that may result in the expenditure by a
                                             Executive Order 13771 directs agencies                                                                        State, local, or tribal government, in the
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                                                                                                     concerning its provisions or options for
                                             to control regulatory costs through a                   compliance, please contact the person                 aggregate, or by the private sector of
                                             budgeting process. This rule has not                    listed in the FOR FURTHER INFORMATION                 $100,000,000 (adjusted for inflation) or
                                             been designated a ‘‘significant                         CONTACT section.                                      more in any one year. Though this rule
                                             regulatory action,’’ under Executive                       Small businesses may send comments                 will not result in such expenditure, we
                                             Order 12866. Accordingly, this rule has                 on the actions of Federal employees                   do discuss the effects of this rule
                                             not been reviewed by the Office of                      who enforce, or otherwise determine                   elsewhere in this preamble.


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                                             8940                 Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations

                                             F. Environment                                          prior to the commencement of the 12                   DEPARTMENT OF THE INTERIOR
                                               We have analyzed this rule under                      minute fireworks display, scheduled to
                                             Department of Homeland Security                         begin at 7:30 p.m. on March 2, 2018, the              National Park Service
                                             Management Directive 023–01, which                      safety zone will expand to encompass
                                             guides the Coast Guard in complying                     the navigable waters around and under                 36 CFR Part 7
                                             with the National Environmental Policy                  the fireworks barge within a radius of                [NPS–ROMO–24625; PPIMROMO6A
                                             Act of 1969 (42 U.S.C. 4321–4370f), and                 350 feet in approximate position                      PPMRSNR1Z.Y00000]
                                             have determined that this action is one                 39°10′07″ N, 120°08′16″ W (NAD 83).                   RIN 1024–AE31
                                             of a category of actions that do not                      (b) Enforcement period. The zone
                                             individually or cumulatively have a                     described in paragraph (a) of this                    Special Regulations, Areas of the
                                             significant effect on the human                         section will be enforced from 7 a.m.                  National Park System, Rocky Mountain
                                             environment. This rule involves safety                  until approximately 8:15 p.m. March 2,                National Park; Bicycling
                                             zones of limited size and duration. It is               2018. The Captain of the Port San
                                             categorically excluded from further                                                                           AGENCY:    National Park Service, Interior.
                                                                                                     Francisco (COTP) will notify the                      ACTION:   Final rule.
                                             review under Categorical Exclusion
                                                                                                     maritime community of periods during
                                             L60(a) of Appendix A, Table 1 of DHS
                                                                                                     which these zones will be enforced via                SUMMARY:   The National Park Service
                                             Instruction Manual 023–01–001–01,
                                                                                                     Broadcast Notice to Mariners in                       amends the special regulations for
                                             Rev. 01. A Record of Environmental
                                                                                                     accordance with 33 CFR 165.7.                         Rocky Mountain National Park to allow
                                             Consideration supporting this
                                                                                                       (c) Definitions. As used in this                    bicycle use on a 2-mile segment of the
                                             determination is available in the docket
                                                                                                                                                           East Shore Trail located within the park.
                                             where indicated under ADDRESSES.                        section, ‘‘designated representative’’
                                                                                                                                                           A portion of this 2-mile segment will
                                             G. Protest Activities                                   means a Coast Guard Patrol
                                                                                                                                                           require trail construction to
                                                                                                     Commander, including a Coast Guard
                                               The Coast Guard respects the First                                                                          accommodate bicycles and is therefore
                                                                                                     coxswain, petty officer, or other officer             considered a new trail. National Park
                                             Amendment rights of protesters.                         on a Coast Guard vessel or a Federal,
                                             Protesters are asked to contact the                                                                           Service regulations require
                                                                                                     State, or local officer designated by or              promulgation of a special regulation to
                                             person listed in the FOR FURTHER                        assisting the COTP in the enforcement
                                             INFORMATION CONTACT section to                                                                                designate new trails for bicycle use off
                                                                                                     of the safety zone.                                   park roads and outside developed areas.
                                             coordinate protest activities so that your
                                             message can be received without                           (d) Regulations. (1) Under the general              DATES: This rule is effective on April 2,
                                             jeopardizing the safety or security of                  regulations in 33 CFR part 165, subpart               2018.
                                             people, places or vessels.                              C, entry into, transiting or anchoring                FOR FURTHER INFORMATION CONTACT:
                                                                                                     within this safety zone is prohibited                 Larry Gamble, Chief of Planning and
                                             List of Subjects in 33 CFR Part 165
                                                                                                     unless authorized by the COTP or the                  Project Stewardship, Rocky Mountain
                                               For the reasons discussed in the                      COTP’s designated representative.                     National Park, 1000 U.S. Highway 36,
                                             preamble, the Coast Guard amends 33                                                                           Estes Park, CO 80517. Phone (970) 586–
                                                                                                       (2) The safety zone is closed to all
                                             CFR part 165 as follows:                                                                                      1320. Email: larry_gamble@nps.gov.
                                                                                                     vessel traffic, except as may be
                                             PART 165—REGULATED NAVIGATION                           permitted by the COTP or a designated                 SUPPLEMENTARY INFORMATION:
                                             AREAS AND LIMITED ACCESS AREAS                          representative.                                       Background
                                                                                                       (3) Vessel operators desiring to enter                 Rocky Mountain National Park (park)
                                             ■ 1. The authority citation for part 165
                                                                                                     or operate within the safety zone must                was established in 1915 and is located
                                             continues to read as follows:
                                                                                                     contact the COTP or a designated                      in north central Colorado. The
                                               Authority: 33 U.S.C 1231; 50 U.S.C. 191;              representative to obtain permission to
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     approximately 265,761-acre park
                                             Department of Homeland Security Delegation
                                                                                                     do so. Vessel operators given permission              contains spectacular scenery that
                                             No. 0170.1                                              to enter or operate in the safety zone                includes majestic mountains, lakes,
                                                                                                     must comply with all directions given to              rivers, forests, meadows, and abundant
                                             ■ 2. Add § 165.T11–915 to read as
                                                                                                     them by the COTP or a designated                      wildlife. The East Shore Trail is a hiking
                                             follows:
                                                                                                     representative. Persons and vessels may               and equestrian trail that runs roughly
                                             § 165.T11–915 Safety Zone; Monte                        request permission to enter the safety                north/south along the east shore of
                                             Foundation Snowfest Fireworks Display,                  zones on VHF–23A or through the 24-                   Shadow Mountain Lake near the town
                                             Tahoe City, Lake Tahoe, CA.                             hour Command Center at telephone                      of Grand Lake, Colorado. The entire trail
                                                (a) Location. This temporary safety                  (415) 399–3547.                                       is 6.2 miles long and ends at the
                                             zone is established in the navigable                                                                          southern boundary of the park. The East
                                                                                                        Dated: February 23, 2018.
                                             waters of Lake Tahoe near Commons                                                                             Shore Trailhead is located south of the
                                             Beach in Tahoe City, Lake Tahoe, CA as                  Patrick S. Nelson,                                    town of Grand Lake. The trailhead and
                                             depicted in National Oceanic and                        Captain, U.S. Coast Guard, Alternate Captain          the first 0.7 miles of the trail are located
                                             Atmospheric Administration (NOAA)                       of the Port, San Francisco.                           on land administered by the U.S. Forest
                                             Chart 18665. Starting at the Lake Forest                [FR Doc. 2018–04365 Filed 3–1–18; 8:45 am]            Service as part of the Arapaho National
                                             Boat Ramp from 7 a.m. to 7 p.m. on                      BILLING CODE 9110–04–P                                Recreation Area. Bicycle use is currently
                                             March 2, 2018, during the loading,                                                                            allowed only on this 0.7-mile section of
                                             staging, transit, and arrival of the                                                                          the trail. The remaining 5.5 miles of the
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                                             fireworks barge and until 30 minutes                                                                          East Shore Trail are located within the
                                             prior to the start of the fireworks                                                                           park. Hiking and fishing access to the
                                             display, the temporary safety zone                                                                            lake is allowed along the trail. This rule
                                             applies to the navigable waters around                                                                        applies to the northernmost 2-mile
                                             and under the fireworks barge within a                                                                        segment of the East Shore Trail within
                                             radius of 100 feet. At 7 p.m., 30 minutes                                                                     the park extending north from Shadow


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Document Created: 2018-03-01 23:57:00
Document Modified: 2018-03-01 23:57:00
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 from 7 a.m. to 8:15 p.m. on March 2, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Junior Grade Emily Rowan, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at D11-PF- [email protected]
FR Citation83 FR 8938 
RIN Number1625-AA00

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