Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67077 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–1089] 

RIN 1625–AA00 

Safety Zone; Sacramento New Year’s 

Eve Fireworks Display, Sacramento 

River, Sacramento, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing three temporary safety 

zones in the navigable waters of the 

Sacramento River near River Walk Park 

and the Tower Bridge in Sacramento, 

CA in support of the Sacramento New 

Year’s Eve Fireworks Display on 

December 31, 2018. These safety zones 

are 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 zones without permission of 

the Captain of the Port or a designated 

representative. 

DATES: This rule is effective from 8:30 

p.m. to 9:46 p.m. on December 31, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

1089 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Junior Grade Jennae 

Cotton, U.S. Coast Guard Sector San 

Francisco; telephone (415) 399–3585, 

email SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

APA Administrative Procedure Act 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule. Since the Coast 

Guard received notice of this event on 

December 10, 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 Sacramento 

New Year’s Eve fireworks display on 

December 31, 2018, will be a safety 

concern for anyone within a 175-foot 

radius of the fireworks firing sites. This 

rule is needed to protect spectators, 

vessels, and other property from hazards 

associated with pyrotechnics. 

IV. Discussion of the Rule 

This rule establishes three temporary 

safety zones from 8:30 p.m. to 9:46 p.m. 

on December 31, 2018. At 8:30 p.m. on 

December 31, 2018, 30 minutes prior to 

the commencement of the 16 minute 

fireworks display, the safety zones for 

the Sacramento New Year’s Eve 

Fireworks Display will encompass the 

navigable waters around the fireworks 

firing sites within a radius of 175 feet in 

approximate positions: 

Near River Walk Park at 38°35′02′′ N, 

121°30′30′′ W, 

Near River Walk Park at 38°34′54′′ N, 

121°30′33′′ W, and 

Near the Tower Bridge at 38°34′50′′ N, 

121°30′30′′ W (NAD83). 

This portion of the Sacramento River 

is depicted on National Oceanic and 

Atmospheric Administration (NOAA) 

Chart 18662, available for free at http:// 

www.charts.noaa.gov/OnLineViewer/ 

18662.shtml. The safety zones will 

terminate at 9:46 p.m. on December 31, 

2018. 

The effect of the temporary safety 

zones is to restrict navigation in the 

vicinity of the fireworks firing sites 

during the scheduled display. Except for 

persons or vessels authorized by the 

COTP or a designated representative, no 

person or vessel may enter or remain in 

the restricted areas. These regulations 

are needed to keep spectators and 

vessels away from the immediate 

vicinity of the fireworks firing sites to 

ensure the safety of participants, 

spectators, and transiting vessels. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the limited duration and 

narrowly tailored geographic area of the 

safety zones. Although this rule restricts 

access to the waters encompassed by the 

safety zones, the effect of this rule will 

not be significant because the local 

waterway users will be notified via 

public 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 


amozie on DSK3GDR082PROD with RULES
67078 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 

vessels, and pleasure craft engaged in 

recreational activities and sightseeing, if 

these facilities or vessels are in the 

vicinity of the safety zones at times 

when these zones are 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 an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves safety 

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. 

E. 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 

■ 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. 

■ 2. Add § 165.T11–965 to read as 

follows: 

§ 165.T11–965 Safety zone; Sacramento 

New Year’s Eve Fireworks Display, 

Sacramento River, Sacramento, CA. 

(a) Location. These temporary safety 

zones are established in the navigable 

waters of the Sacramento River within 

a radius of 175 feet of the fireworks 

firing sites, near River Walk Park and 

the Tower Bridge in Sacramento, CA, in 

approximate positions: Near River Walk 

Park at 38°35′02′′ N, 121°30′30′′ W, Near 

River Walk Park at 38°34′54′′ N, 

121°30′33′′ W, and Near the Tower 

Bridge at 38°34′50′′ N, 121°30′30′′ W 

(NAD83). 

(b) Enforcement period. The zones 

described in paragraph (a) of this 

section will be enforced from 8:30 p.m. 

until approximately 9:46 p.m. on 

December 31, 2018. The Captain of the 

Port San Francisco (COTP) will notify 

the maritime community of periods 

during which these zones will be 

enforced via Notice to Mariners in 

accordance with § 165.7. 

(c) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

on a Coast Guard vessel or a Federal, 

State, or local officer designated by or 

assisting the COTP in the enforcement 

of the safety zones. 

(d) Regulations. (1) Under the general 

regulations in subpart C of this part, 

entering into, transiting through, or 

anchoring within these safety zones is 

prohibited unless authorized by the 

COTP or a designated representative. 

(2) The safety zones are closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety 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 zones 

must comply with all directions given to 

them by the COTP or a designated 

representative. Persons and vessels may 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67079 

request permission to enter the safety 

zones on VHF–23A or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

Dated: December 19, 2018. 

Anthony J. Ceraolo, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Francisco. 

[FR Doc. 2018–28146 Filed 12–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–1075] 

Safety Zones; Fireworks Displays in 

the Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Penn’s Landing, Delaware River, 

Philadelphia, PA; safety zone from 5:45 

p.m. through 6:45 p.m. on December 31, 

2018, and from 11:45 p.m. on December 

31, 2018, through 12:45 a.m. on January 

1, 2019. This action is necessary to 

ensure safety of life on the navigable 

waters of the United States immediately 

prior to, during, and immediately after 

the fireworks displays. Our regulation 

for safety zones of fireworks displays in 

the Fifth Coast Guard District identifies 

the regulated area for this event at 

Penn’s Landing in Philadelphia, PA. 

During the enforcement periods, vessels 

may not enter, remain in, or transit 

through the safety zones during these 

enforcement periods unless authorized 

by the Captain of the Port or designated 

Coast Guard patrol personnel on scene. 

DATES: The regulations in the table to 33 

CFR 165.506 at (a)(16) will be enforced 

from 5:45 p.m. through 6:45 p.m. on 

December 31, 2018, and from 11:45 p.m. 

on December 31, 2018, through 12:45 

a.m. on January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, you may call or email 

Petty Officer Thomas Welker, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, telephone 215– 

271–4814, email Thomas.J.Welker@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in the 

Table to 33 CFR 165.506, entry (a)(16), 

as effective as of Dec. 19, 2018, for the 

Delaware River Waterfront Corporation 

New Year’s Eve Fireworks displays from 

5:45 p.m. through 6:45 p.m. on 

December 31, 2018, and from 11:45 p.m. 

on December 31, 2018, through 12:45 

a.m. on January 1, 2019. (The Coast 

Guard published a final rule on 

November 18, 2018, amending entry 

(a)(16) to table 33 CFR 165.506 that will 

go into effect on December 19, 2018, 83 

FR 58186.) This action is necessary to 

ensure safety of life on the navigable 

waters of the United States immediately 

prior to, during, and immediately after 

the fireworks displays. Our regulation 

for safety zones of fireworks displays 

within the Fifth Coast Guard District, 

table to § 165.506, entry (a)(16) specifies 

the location of the regulated area as all 

waters of Delaware River, adjacent to 

Penn’s Landing, Philadelphia, PA, 

within 500 yards of a fireworks barge at 

approximate position latitude 39°56′49′′ 

N, longitude 075°08′11′′ W. During the 

enforcement periods, as reflected in 

§ 165.506(d), vessels may not enter, 

remain in, or transit through the safety 

zones during these enforcement periods 

unless authorized by the Captain of the 

Port or designated Coast Guard patrol 

personnel on scene. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via broadcast notice to mariners. 

Dated: December 20, 2018. 

Scott E. Anderson, 

Captain, U.S. Coast Guard, Captain of the 

Port, Delaware Bay. 

[FR Doc. 2018–28246 Filed 12–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–1021] 

RIN 1625–AA00 

Safety Zone for Fireworks Display; Spa 

Creek, Annapolis, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of Spa Creek. This action 

is necessary to provide for the safety of 

life on these navigable waters of Spa 

Creek at Annapolis, MD, for a fireworks 

display on December 31, 2018. This 

regulation prohibits persons and vessels 

from entering the safety zone unless 

authorized by the Captain of the Port 

Maryland-National Capital Region or a 

designated representative. 

DATES: This rule is effective from 11 

p.m. on December 31, 2018, through 1 

a.m. on January 1, 2019. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2018– 

1021 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Mr. Ron Houck, Sector 

Maryland-National Capital Region 

Waterways Management Division, U.S. 

Coast Guard; telephone 410–576–2674, 

email Ronald.L.Houck@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On October 17, 2018, Pyrotecnico, 

Inc., of New Castle, PA, notified the 

Coast Guard that it will be conducting 

a fireworks display from 11:55 p.m. on 

December 31, 2018, to 12:30 a.m. on 

January 1, 2019, sponsored by the City 

of Annapolis, MD. The fireworks are to 

be launched from a barge in Spa Creek, 

in Annapolis, MD. Additional details 

were received on November 5, 2018. In 

response, on November 27, 2018, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

‘‘Safety Zone for Fireworks Display; Spa 

Creek, Annapolis, MD’’ (83 FR 60802). 

There we stated why we issued the 

NPRM, and invited comments on our 

proposed regulatory action related to 

this fireworks display. During the 

comment period that ended December 

12, 2018, we received seven comments. 

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. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest because 

immediate action is needed to mitigate 

the potential safety hazards associated 

with a fireworks display in this location. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 


amozie on DSK3GDR082PROD with RULES