Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29003 

the Eighth Coast Guard District 

identifies the regulated area for this 

event in Wellsburg, WV. During the 

enforcement periods, entry into this 

zone is prohibited unless authorized by 

the Captain of the Port Marine Safety 

Unit Pittsburgh or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.801, Table 1, Line 68, will be 

enforced from 9:30 p.m. through 11 p.m. 

on July 4, 2018. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Petty Officer 

Jennifer Haggins, Marine Safety Unit 

Pittsburgh, U.S. Coast Guard; telephone 

412–221–0807, email 

Jennifer.L.Haggins@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a safety zone for the 

Wellsburg 4th of July Committee/ 

Wellsburg 4th of July Freedom 

Celebration in 33 CFR 165.801, Table 1, 

Line 68, from 9:30 p.m. through 11 p.m. 

on July 4, 2018. This action is being 

taken to provide for the safety of 

persons, vessels, and the marine 

environment on the navigable waters of 

the Ohio River during this event. Our 

regulation for marine events within the 

Eighth Coast Guard District, § 165.801, 

specifies the location of the safety zone 

for the Wellsburg 4th of July Committee/ 

Wellsburg 4th of July Freedom 

Celebration, which covers a one-mile 

stretch of the Ohio River. Entry into the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Marine Safety Unit Pittsburgh (COTP) or 

a designated representative. Persons or 

vessels desiring to enter into or pass 

through the area must request 

permission from the COTP or a 

designated representative. They can be 

reached on VHF FM channel 16. If 

permission is granted, all persons and 

vessel shall comply with the 

instructions of the COTP or designated 

representative. 

In addition to this notice of 

enforcement in the Federal Register, the 

COTP or a designated representative 

will inform the public through 

Broadcast Notice to Mariners (BNMs), 

Local Notices to Mariners (LNMs), 

Marine Safety Information Bulletins 

(MSIBs), and/or through other means of 

public notice as appropriate at least 24 

hours in advance of enforcement. 

Dated: June 15, 2018. 

L. McClain, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2018–13395 Filed 6–21–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0123] 

RIN 1625–AA00 

Safety Zone; Lavaca Bay, Point 

Comfort, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of Lavaca Bay, 

Point Comfort, TX. This action is 

necessary to provide for the safety of life 

on these navigable waters near Point 

Comfort Bayfront Park during a 

fireworks display. Entry of vessels or 

persons into this zone is prohibited 

unless authorized by the Captain of the 

Port Sector Corpus Christi or a 

designated representative. 

DATES: This rule is effective from 7:30 

p.m. through 9:30 p.m. on June 30, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0123 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 Petty Officer Kevin Kyles, 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5125, 

email Kevin.L.Kyles@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Corpus 

Christi 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

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)(3)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it 

would be impracticable. This safety 

zone must be established by June 30, 

2018 and we lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing this rule. The NPRM 

process would delay the establishment 

of the safety zone until after the 

scheduled date of the fireworks and 

compromise public safety. 

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 necessary to 

respond to the potential safety hazards 

associated with the fireworks display. 

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 Sector Corpus 

Christi (COTP) has determined that 

potential hazards associated with the 

fireworks display occurring on June 30, 

2018 will be a safety concern for anyone 

within a 500-foot radius of the fireworks 

display. This rule is necessary to ensure 

the safety of life before, during, and after 

the scheduled firework displays. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 7:30 p.m. through 9:30 

p.m. on June 30, 2018. The safety zone 

will cover all navigable waters within 

500 feet of the fireworks launch location 

at Point Comfort Bayfront Park in the 

approximate position 28°40′52.93′′ N, 

096°33′47.723′′ W, Point Comfort, TX. 

The duration of the zone is intended to 

protect the public from the fireworks 

display before, during, and after the 

scheduled fireworks display. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment before, during, and 

after the scheduled firework displays. 

Entry of vessels or persons into this 

zone is prohibited unless authorized by 

the COTP or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Corpus Christi. Persons or vessels 

seeking to enter the safety zone must 

request permission from the COTP or a 

designated representative on VHF–FM 


daltland on DSKBBV9HB2PROD with RULES
29004 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 

channel 16 or by telephone at 361–939– 

0450. All persons and vessels permitted 

to enter this safety zone must transit at 

the slowest safe speed and comply with 

all lawful directions issued by the COTP 

or the designated representative. The 

COTP or a designated representative 

will inform the public of the 

enforcement times and date for this 

safety zone through Broadcast Notices to 

Mariners (BNMs), Local Notices to 

Mariners (LNMs), and/or Marine Safety 

Information Bulletins (MSIBs), as 

appropriate. 

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 size, location, duration, 

and time-of-day of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone, which 

will impact a small designated area of 

Lavaca Bay for about two hours on one 

evening when vessel traffic is normally 

low. Moreover, the Coast Guard will 

issue BNMs (via VHF–FM marine 

channel 16), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs), about the 

zone. In addition, the rule allows 

vessels to seek permission to enter the 

zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the 

temporary safety zone may be small 

entities, for the reasons stated in section 

IV.A above, this rule would not have a 

significant economic impact on any 

vessel owner or operator. 

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 a safety 

zone lasting two hours that would 

prohibit entry within 500 feet of the 

fireworks launch location. It is 

categorically excluded from further 

review under paragraph 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. 


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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29005 

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.T08–0123 to read as 

follows: 

§ 165.T08–0123 Safety Zone; Lavaca Bay, 

Point Comfort, TX. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Lavaca Bay encompassing a 500 feet of 

the fireworks launch location at Point 

Comfort Bayfront Park in the 

approximate position 28°40′52.93′′ N, 

096°33′47.723′′ W, Point Comfort, TX. 

(b) Effective period. This section is 

effective from 7:30 p.m. through 9:30 

p.m. on June 30, 2018. 

(c) Enforcement period. This section 

will be enforced from 7:30 p.m. through 

9:30 p.m. on June 30, 2018. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23, 

entry into this zone is prohibited unless 

authorized by the Captain of the Port 

Sector Corpus Christi (COTP) or a 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Corpus Christi. 

(2) Persons or vessels seeking to enter 

the safety zone must request permission 

from the COTP or a designated 

representative on VHF–FM channel 16 

or by telephone at 361–939–0450. 

(3) All persons and vessels permitted 

to enter this safety zone must transit at 

the slowest safe speed and comply with 

all lawful directions issued by the COTP 

or the designated representative. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs), as 

appropriate. 

Dated: June 15, 2018. 

E.J. Gaynor, 

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

Port Sector Corpus Christi. 

[FR Doc. 2018–13428 Filed 6–21–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0426] 

Recurring Safety Zone; EQT 4th of July 

Celebration, Pittsburgh, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for the EQT 4th of July 

Celebration to provide for the safety of 

persons, vessels, and the marine 

environment on the navigable waters of 

the Ohio, Allegheny, and Monongahela 

Rivers during this event. Our regulation 

for marine events within the Eighth 

Coast Guard District identifies the 

regulated area for this event in 

Pittsburgh, PA. During the enforcement 

periods, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Marine Safety Unit 

Pittsburgh or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.801, Table 1, Line 47, will be 

enforced from 9 p.m. through 11 p.m. on 

July 4, 2018. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Petty Officer 

Charles Morris, Marine Safety Unit 

Pittsburgh, U.S. Coast Guard; telephone 

412–221–0807, email Charles.F.Morris@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a safety zone for the 

EQT 4th of July Celebration in 33 CFR 

165.801, Table 1, Line 47, from 9 p.m. 

through 11 p.m. on July 4, 2018. This 

action is being taken to provide for the 

safety of persons, vessels, and the 

marine environment on navigable 

waters of the Ohio, Allegheny, and 

Monongahela Rivers during this event. 

Our regulation for marine events within 

the Eighth Coast Guard District, 

§ 165.801, specifies the location of the 

safety zone for the EQT 4th of July 

Celebration, which covers a less than 

one-mile stretch of the Ohio, Allegheny, 

and Monongahela Rivers. Entry into the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Marine Safety Unit Pittsburgh (COTP) or 

a designated representative. Persons or 

vessels desiring to enter the safety zone 

must request permission from the COTP 

or a designated representative. They can 

be reached on VHF FM channel 16. If 

permission is granted, all persons and 

vessels shall comply with the 

instructions of the COTP or designated 

representative. 

In addition to this notice of 

enforcement in the Federal Register, the 

COTP or a designated representative 

will inform the public through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), 

Marine Safety Information Bulletins 

(MSIBs), and/or through other means of 

public notice as appropriate at least 24 

hours in advance of enforcement. 

Dated: June 15, 2018. 

L. McClain, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2018–13393 Filed 6–21–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0507] 

RIN 1625–AA00 

Safety Zone: San Francisco Giants 

Fireworks Display, San Francisco Bay, 

San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary moving safety 

zone in the navigable waters of the San 

Francisco Bay near AT&T Park in 

support of the San Francisco Giants 

Fireworks Display on June 22, 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 11:00 

a.m. to 10:45 p.m. on June 22, 2018. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2018–0507. 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 


daltland on DSKBBV9HB2PROD with RULES