31054 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 

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. 

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 proposed rule 

involves a safety zone lasting one hour 

that would prohibit entry within a 100- 

yard radius of a barge at approximate 

position of 30°24′11.63′′ N, 

090°09′17.39′′ W, on the Tchefuncte 

River. 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.T08–0332 to read as 

follows: 

§ 165.T08–0332 Safety Zone; Tchefuncte 

River, New Orleans, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Tchefuncte River, 100-yards around a 

barge at approximate position 

30°24′11.63′′ N, 090°09′17.39′′ W, in 

front of the Madisonville Town Hall in 

Madisonville, LA. 

(b) Effective period. This section is 

effective from 8 p.m. through 9 p.m. on 

July 4, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this zone is prohibited unless 

specifically 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 through Broadcast 

Notices to Mariners of any changes in 

the planned schedule. 

Dated: June 27, 2018. 

K.M. Luttrell, 

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

Port Sector New Orleans. 

[FR Doc. 2018–14243 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–2018–0621] 

RIN 1625–AA00 

Safety Zone: Red, White and Tahoe 

Blue Fireworks, Incline Village, NV 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for Red, White and 

Tahoe Blue Fireworks display in the 

Captain of the Port, San Francisco area 

of responsibility during the dates and 

times noted below. This action is 

necessary to ensure the safety of vessels, 

spectators and participants from hazards 

associated with fireworks. During the 

enforcement period, unauthorized 

persons or vessels are prohibited from 

entering into, transiting through, or 

anchoring in the safety zone, unless 

authorized by the Patrol Commander 

(PATCOM). 

DATES: The regulations in 33 CFR 

165.1191, Table 1, Item number 19, will 

be enforced from 7:30 a.m. on July 3, 

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

2018. 


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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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