Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 30875 

Under the provisions of 33 CFR 

165.1191, unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or anchoring in 

the safety zone during all applicable 

effective dates and times, unless 

authorized to do so by the PATCOM. 

Additionally, each person who receives 

notice of a lawful order or direction 

issued by an official patrol vessel shall 

obey the order or direction. The 

PATCOM is empowered to forbid entry 

into and control the regulated area. The 

PATCOM shall be designated by the 

Commander, Coast Guard Sector San 

Francisco. The PATCOM may, upon 

request, allow the transit of commercial 

vessels through regulated areas when it 

is safe to do so. 

This notice is issued under authority 

of 33 CFR 165.1191 and 5 U.S.C. 552 a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with extensive 

advance notification of the safety zone 

and its enforcement period via the Local 

Notice to Mariners. 

If the Captain of the Port determines 

that the regulated area need not be 

enforced for the full duration stated in 

this notice, a Broadcast Notice to 

Mariners may be used to grant general 

permission to enter the regulated area. 

Dated: June 26, 2018. 

Rebecca W. Deakin, 

Lieutenant Commander, U.S. Coast Guard, 

Chief, Waterways Management Division, 

Sector San Francisco, By Direction. 

[FR Doc. 2018–14131 Filed 6–29–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0604] 

RIN 1625–AA00 

Safety Zone; Atlantic Intracoastal 

Waterway, Surf City, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters of the Atlantic 

Intracoastal Waterway near Surf City, 

North Carolina, in support of a 

fireworks display on July 3, 2018. This 

temporary safety zone is intended to 

restrict vessel traffic from a portion of 

the Atlantic Intracoastal Waterway 

during the Surf City fireworks display to 

protect the life and property of the 

maritime public and spectators from the 

hazards posed by aerial fireworks 

displays. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) North Carolina or a 

designated representative. 

DATES: This rule is effective from 8:45 

p.m. through 9:45 p.m. on July 3, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0604 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 Matthew Tyson, 

Waterways Management Division, U.S. 

Coast Guard Sector North Carolina, 

Wilmington, NC; telephone 910–772– 

2221, email Matthew.I.Tyson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

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

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

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

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

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable and contrary to the public 

interest. The publishing of an NPRM 

would be impracticable and contrary to 

the public interest since a final rule 

needs to be in place by July 3, 2018, to 

minimize potential danger to the 

participants and the public during the 

event. 

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 public interest because 

immediate action is needed to protect 

persons and vessels from the hazards 

associated with this event on July 3, 

2018. 

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 North Carolina 

(COTP) has determined that potential 

hazards associated with the Surf City 

fireworks display on July 3, 2018, is a 

safety concern for maritime spectators 

during the launch of fireworks on the 

Atlantic Intracoastal Waterway near 

Surf City, North Carolina. This rule is 

necessary to protect persons and vessels 

from the potential hazards associated 

with the aerial fireworks display. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 8:45 p.m. until 9:45 p.m. on July 

3, 2018. The safety zone will include all 

navigable waters within a 100 yard 

radius of the fireworks launch location 

at approximate position: Latitude 

34°25′46′′ N, longitude 077°33′01′′ W, on 

the Atlantic Intracoastal Waterway near 

Surf City, North Carolina. This safety 

zone is being established for the safety 

of the maritime spectators observing the 

fireworks display. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. All vessels within this 

safety zone when this section becomes 

effective must depart the zone 

immediately. To request permission to 

remain in, enter, or transit through the 

safety zone, vessels should contact the 

COTP or a designated representative of 

the COTP through the Coast Guard 

Sector North Carolina Command Duty 

Officer, Wilmington, North Carolina, at 

telephone number 910–343–3882, or on 

VHF–FM marine band radio channel 13 

(165.65 MHz) or channel 16 (156.8 

MHz). 

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 


daltland on DSKBBV9HB2PROD with RULES
30876 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 

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, and 

duration of the safety zone. The onehour regulation enforcement period 

should not overly burden vessel traffic 

based on the short duration of the 

period. This safety zone will only 

impact a small designated area of the 

Atlantic Intracoastal Waterway near 

Surf City, NC. Additionally, the rule 

allows vessels to seek permission to 

enter the zone. The Coast Guard will 

issue a Broadcast Notice to Mariners to 

notify vessels in the region of the 

establishment of this regulation. 

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 the precise number of small 

entities impacted is unknown, it is 

expected that the number of vessels in 

this portion of the Atlantic Intracoastal 

Waterway during the event will be low. 

For the reasons stated in section V.A. 

above, this rule will 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 one hour that will prohibit 

entry into a portion of the Atlantic 

Intracoastal Waterway near Surf City, 

NC. 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. 

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.T05–0604 to read as 

follows: 

§ 165.T05–0604 Safety Zone, Atlantic 

Intracoastal Waterway, Surf City, NC. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

a 100 yard radius of the fireworks 

launch location at approximate position: 

Latitude 34°25′46′′ N, longitude 

077°33′01′′ W, on the Atlantic 

Intracoastal Waterway near Surf City, 

North Carolina. 

(b) Definitions. As used in this 

section— 

Captain of the Port means the 

Commander, Sector North Carolina. 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard commissioned, 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 30877 

warrant, or petty officer designated by 

the Captain of the Port North Carolina 

(COTP) for the enforcement of the safety 

zone. 

(c) Regulations. (1) The general 

regulations governing safety zones in 

subpart C of this part apply to the area 

described in paragraph (a) of this 

section. 

(2) Entry into or remaining in this 

safety zone is prohibited unless 

authorized by the COTP North Carolina 

or the COTP North Carolina’s 

designated representative. 

(3) All vessels within this safety zone 

when this section becomes effective 

must depart the zone immediately. 

(4) To request permission to remain 

in, enter, or transit through the safety 

zone, contact the COTP North Carolina 

or the COTP North Carolina’s 

representative through the Coast Guard 

Sector North Carolina Command Duty 

Officer, Wilmington, North Carolina, at 

telephone number 910–343–3882, or on 

VHF–FM marine band radio channel 13 

(165.65 MHz) or channel 16 (156.8 

MHz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by 

Federal, State, and local agencies. 

Dated: June 25, 2018. 

Bion B. Stewart, 

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

Port North Carolina. 

[FR Doc. 2018–14166 Filed 6–29–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0612] 

RIN 1625–AA00 

Safety Zone; Atlantic Intracoastal 

Waterway, Swansboro, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters of the Atlantic 

Intracoastal Waterway near Swansboro, 

North Carolina, in support of a 

fireworks display on July 4, 2018. This 

temporary safety zone is intended to 

restrict vessel traffic from a portion of 

the Atlantic Intracoastal Waterway 

during the Town of Swansboro Fourth 

of July Celebration fireworks display to 

protect the life and property of the 

maritime public and spectators from the 

hazards posed by aerial fireworks 

displays. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) North Carolina or a 

designated representative. 

DATES: This rule is effective from 8:45 

p.m. through 9:45 p.m. on July 4, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0612 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 Matthew Tyson, 

Waterways Management Division, U.S. 

Coast Guard Sector North Carolina, 

Wilmington, NC; telephone 910–772– 

2221, email Matthew.I.Tyson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

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

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

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

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

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable and contrary to the public 

interest. The publishing of an NPRM 

would be impracticable and contrary to 

the public interest since a final rule 

needs to be in place by July 4, 2018, to 

minimize potential danger to the 

participants and the public during the 

event. 

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 public interest because 

immediate action is needed to protect 

persons and vessels from the hazards 

associated with this event on July 4, 

2018. 

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 North Carolina 

(COTP) has determined that potential 

hazards associated with the Town of 

Swansboro Fourth of July Celebration 

fireworks display on July 4, 2018, is a 

safety concern for maritime spectators 

during the launch of fireworks on the 

Atlantic Intracoastal Waterway near 

Swansboro, North Carolina. This rule is 

necessary to protect persons and vessels 

from the potential hazards associated 

with the aerial fireworks display. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 8:45 p.m. until 9:45 p.m. on July 

4, 2018. The safety zone will include all 

navigable waters within a 150 yard 

radius of the fireworks launch location 

at approximate position: Latitude 

34°41′02′′ N, longitude 077°07′04′′ W, on 

the Atlantic Intracoastal Waterway near 

Swansboro, North Carolina. This safety 

zone is being established for the safety 

of the maritime spectators observing the 

fireworks display. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. All vessels within this 

safety zone when this section becomes 

effective must depart the zone 

immediately. To request permission to 

remain in, enter, or transit through the 

safety zone, vessels should contact the 

COTP or a designated representative of 

the COTP through the Coast Guard 

Sector North Carolina Command Duty 

Officer, Wilmington, North Carolina, at 

telephone number 910–343–3882, or on 

VHF–FM marine band radio channel 13 

(165.65 MHz) or channel 16 (156.8 

MHz). 

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 


daltland on DSKBBV9HB2PROD with RULES