Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 31055 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Lieutenant 

Junior Grade Emily Rowan, U.S. Coast 

Guard Sector San Francisco; telephone 

(415) 399–7443 or email at D11-PFMarineEvents@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a safety zone during 

the loading and transit of the fireworks 

support pontoon vessel and fireworks 

barge, until completion of the fireworks 

display. From 7:30 a.m. to 8:30 a.m. on 

July 3, 2018, the fireworks support 

pontoon vessel will be loaded at Ivgid 

Boat Launch in the vicinity of Incline 

Beach, near Incline Village, NV and will 

transit from Ivgid Boat Launch to the 

display location at approximate position 

39°14′13′′ N, 119°57′01′′ W (NAD 83), 

the safety zone will encompass the 

navigable waters around and under the 

fireworks support pontoon vessel within 

a radius of 100 feet. From 8:30 a.m. to 

5:30 p.m. on July 3, 2018 the fireworks 

barge will be loaded at approximate 

position 39°14′13′′ N, 119°57′ 01′′ W 

(NAD 83) where it will remain until the 

commencement of the fireworks 

display. Upon the commencement of the 

18-minute fireworks display, scheduled 

to start at approximately 9:30 p.m. on 

July 4, 2018, the safety zone will 

increase in size to encompass the 

navigable waters around and under the 

fireworks barges within a radius of 

1,000 feet at approximate position 

39°14′13′′ N, 119°57′01′′ W (NAD 83) for 

the Red, White, and Tahoe Blue 

Fireworks, Incline Village, NV in 33 

CFR 165.1191, Table 1, Item number 19. 

This safety zone will be in effect from 

7:30 a.m. on July 3, 2018 until 10:30 

p.m. on July 4, 2018. 

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 of enforcement is issued 

under authority of 33 CFR 165.1191 and 

5 U.S.C. 552 (a). In addition to this 

notice of enforcement 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 of enforcement, a Broadcast 

Notice to Mariners may be used to grant 

general permission to enter the 

regulated area. 

Dated: June 27, 2018. 

Anthony J. Ceraolo, 

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

Port, San Francisco. 

[FR Doc. 2018–14268 Filed 7–2–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0606] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

New Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Lower 

Mississippi River between mile markers 

(MM) 95.7 and MM 96.7 above Head of 

Passes in New Orleans, LA. The safety 

zone is necessary to protect persons, 

vessels, and the marine environment 

from potential hazards created by a 

fireworks display. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector New Orleans 

or a designated representative. 

DATES: This rule is effective from 8:45 

p.m. through 9:45 p.m. on July 12, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0606 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 Commander Howard 

Vacco, Sector New Orleans, U.S. Coast 

Guard; telephone 504–365–2281, email 

Howard.K.Vacco@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector New 

Orleans 

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)(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 is 

impracticable It is impracticable to 

publish an NPRM because we must 

establish this safety zone by July 12, 

2018 and lack sufficient time to provide 

a reasonable comment period and then 

consider those comments before issuing 

the rule. 

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 contrary to the public 

interest because immediate action is 

necessary to respond to potential 

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 New Orleans 

(COTP) has determined that potential 

hazards associated with a fireworks 

display on July 12, 2018, will be a safety 

concern for anyone within a one-mile 

stretch of the Lower Mississippi River. 

This rule is necessary to protect 

persons, vessels, and the marine 

environment in the navigable waterway 

before, during, and after the fireworks 

display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 8:45 p.m. through 9:45 

p.m. on July 12, 2018. The safety zone 

will cover all navigable waters of the 

Lower Mississippi River between mile 

marker (MM) 95.7 and MM 96.7, above 

Head of Passes. The duration of the zone 

is intended to protect persons, vessels, 

and the marine environment in these 

navigable waters while the fireworks 


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31056 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 

display is being set up and launched. 

No vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from 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 New 

Orleans. 

Vessels requiring entry into this safety 

zone must request permission from the 

COTP or a designated representative. 

They may be contacted on VHF–FM 

Channel 16 or 67 or by telephone at 

(504) 365–2200. Persons and vessels 

permitted to enter this safety zone must 

transit at their 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. This 

safety zone will restrict traffic on a onemile portion of the Lower Mississippi 

River for one hour on one evening. 

Moreover, the Coast Guard will issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone, 

and 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 

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 only one hour that will 

prohibit entry between mile marker 

(MM) 95.7 and MM 96.7 on the Lower 

Mississippi River, above Head of Passes, 

before, during and after a fireworks 

display. It is categorically excluded 

from further review under paragraph 

L(60)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. 


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Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 31057 

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.T08–0606 to read as 

follows: 

§ 165.T08–0606 Safety Zone; Lower 

Mississippi River, New Orleans, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Lower Mississippi River between mile 

marker (MM) 95.7 and MM 96.7, near 

New Orleans, LA. 

(b) Effective period. This section is 

effective from 8:45 p.m. through 9:45 

p.m. on July 12, 2018. 

(c) 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 New Orleans (COTP) or 

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 New 

Orleans. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. They may be contacted 

on VHF–FM Channel 16 or 67 or by 

telephone at (504) 365–2200. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) 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 25, 2018. 

Kristi M. Luttrell, 

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

Port Sector New Orleans. 

[FR Doc. 2018–14245 Filed 7–2–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0508] 

RIN 1625–AA00 

Safety Zone: San Francisco Fourth of 

July Fireworks Display, San Francisco 

Bay, San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary moving safety 

zones in the navigable waters of the San 

Francisco Bay near Aquatic Park in 

support of the Fourth of July Fireworks 

Display on July 4, 2018. These safety 

zones are 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 zones without permission of 

the Captain of the Port or their 

designated representative. 

DATES: This rule is effective from July 3, 

2018 through July 4, 2018. This rule will 

be enforced from 9 a.m. on July 3, 2018 

through 10:30 p.m. on July 4, 2018. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2018–0508. 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 Emily Rowan, U.S. 

Coast Guard Sector San Francisco; 

telephone (415) 399–7443 or email at 

D11-PF-MarineEvents@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Acronyms 

APA Administrative Procedure Act 

COTP U.S. Coast Guard Captain on the Port 

DHS Department of Homeland Security 

FR Federal Register 

NOAA National Oceanic and Atmospheric 

Administration 

NPRM Notice of Proposed Rulemaking 

PATCOM U.S. Coast Guard Patrol 

Commander 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

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

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

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule. Since the Coast 

Guard received notice of this event on 

May 24, 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 July 4, 2018 will be 

a safety concern for anyone within a 

100-foot radius of the fireworks barges 

and anyone within a 700-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 temporary safety 

zones during the loading and transit of 

the fireworks barge, until after 

completion of the fireworks display. 

During the loading of the pyrotechnics 

onto the fireworks barges, scheduled to 

take place from 9:00 a.m. to 5:00 p.m. 

on July 3, 2018 and from 9:00 a.m. to 

6:00 p.m. on July 4, 2018 at Pier 50 in 

San Francisco, CA, the safety zones will 

encompass the navigable waters around 

and under the fireworks barges within a 

radius of 100 feet. 

The fireworks barges will remain at 

Pier 50 until the start of the transit to 

the display locations. Towing of the 

barges from Pier 50 to the display 


sradovich on DSK3GMQ082PROD with RULES