31052 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 

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 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 

Management 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 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. 

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.T11–938 to read as 

follows: 

§ 165.T11–938 Safety Zone; City of Benicia 

4th of July Fireworks Display, Carquinez 

Strait, Benicia, CA. 

(a) Location. The following area is a 

safety zone: all navigable waters of San 

Francisco Bay within 100 feet of the 

fireworks barge during loading at Pier 

50, as well as transit and arrival to 

launching location in Carquinez Strait, 

Benicia, CA. From 9:00 a.m. until 

approximately 2:00 p.m. on July 4, 2018, 

the fireworks barge will be loading at 

Pier 50, San Francisco, CA. The safety 

zone will expand to all navigable waters 

around and under the firework barge 

within a radius of 1,000 feet in 

approximate positions 38°02′49′′ N, 

122°10′02′′ W (NAD 83), 30 minutes 

prior to the start of the 20-minute 

fireworks display, scheduled to begin at 

9:30 p.m. on July 4, 2018. 

(b) Enforcement period. The zone 

described in paragraph (a) of this 

section will be enforced from 9:00 a.m. 

until approximately 10:30 p.m. on July 

4, 2018. The Captain of the Port San 

Francisco (COTP) will notify the 

maritime community of periods during 

which this zone will be enforced via 

Broadcast 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 zone. 

(d) Regulations. (1) Under the general 

regulations in subpart C of this part, 

entry into, transiting or anchoring 

within this safety zone is prohibited 

unless authorized by the COTP or the 

COTP’s designated representative. 

(2) The safety zone is 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 zone 

must comply with all directions given to 

them by the COTP or a designated 

representative. Persons and vessels may 

request permission to enter the safety 

zone on VHF–23A or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

Dated: June 27, 2018. 

Anthony J. Ceraolo, 

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

Port, San Francisco. 

[FR Doc. 2018–14269 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–2018–0332] 

RIN 1625–AA00 

Safety Zone; Lower Tchefuncte River, 

Madisonville, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of the 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 31053 

Tchefuncte River. This action is 

necessary to provide for the safety of 

persons, vessels, and the marine 

environment near Madisonville, LA, 

during a fireworks display on July 4, 

2018. This regulation prohibits persons 

and vessels from being in the safety 

zone unless authorized by the Captain 

of the Port Sector New Orleans or a 

designated representative. 

DATES: This rule is effective from 8 p.m. 

through 9 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– 

0332 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 

MM Mile marker 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On April 4, 2018, Geaux Pyro, 

notified the Coast Guard that it would 

be conducting a fireworks display from 

8 p.m. through 8:30 p.m. on July 4, 

2018, for a July 4th celebration. The 

fireworks are to be launched from a 

barge on the Tchefuncte River, at 

approximate position 30°24′11.63′′ N, 

090°09′17.39′′ W, in front of the 

Madisonville Town Hall. In response, 

on April 17, 2018, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled ‘‘Safety Zone; 

Lower Tchefuncte River, Madisonville, 

LA’’ (83 FR 16815). 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 

May 17, 2018, we received no 

comments. 

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 the fireworks to 

be used in this July 4, 2018 display will 

be a safety concern for anyone within a 

100-yard radius of the fireworks barge. 

The purpose of this rule is to ensure 

safety of persons, vessels, and the 

marine environment before, during, and 

after the scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

April 17, 2018. There are no changes in 

the regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a temporary 

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

on July 4, 2018. The safety zone would 

cover all navigable waters of the 

Tchefuncte River within 100-yards of 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. The duration of the 

zone is intended to ensure the safety of 

vessels and these navigable waters 

before, during, and after the scheduled 

8 p.m. to 8:30 p.m. fireworks display. 

No vessel or person would 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 a designated 

representative. The COTP or a 

designated representative will inform 

the public through Broadcast Notices to 

Mariners of any changes in the planned 

schedule. 

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 and duration of the 

temporary safety zone. This temporary 

safety zone is for only one hour and will 

only encompass a 100-yard section on 

the Tchefuncte River. Moreover, the 

Coast Guard will issue a Broadcast 

Notice to Mariners (BNM) 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 received no comments 

from the Small Business Administration 

on this rulemaking. 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 safety 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed 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 


sradovich on DSK3GMQ082PROD with RULES
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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