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
31058 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 

locations is scheduled to take place 

from 7:30 p.m. to 8:15 p.m. on July 4, 

2018, where they will remain until the 

conclusion of the fireworks display. 

At 9:00 p.m. on July 4, 2018, 30 

minutes prior to the commencement of 

the 30-minute fireworks displays, the 

safety zones will increase in size and 

encompass the navigable waters around 

and under the fireworks barges within a 

radius of 700 feet in approximate 

positions 37°48′49′′ N, 122°24′46′′ W 

and 37°48′45′′ N, 122°25′39′′ W (NAD 

83) for the San Francisco Fourth of July 

Fireworks Display. The safety zones 

shall terminate at 10:30 p.m. on July 4, 

2018. 

The effect of the temporary safety 

zones are to restrict navigation in the 

vicinity of the fireworks loading, transit, 

and firing sites. Except for persons or 

vessels authorized by the COTP or the 

COTP’s designated representative, no 

person or vessel may enter or remain in 

the restricted areas. These regulations 

are needed to keep spectators and 

vessels away from the immediate 

vicinity of the fireworks firing sites to 

ensure the safety of participants, 

spectators, and transiting vessels. 

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 limited duration and 

narrowly tailored geographic area of the 

safety zones. Although this rule restricts 

access to the waters encompassed by the 

safety zones, the effect of this rule will 

not be significant because the local 

waterway users will be notified via 

public Broadcast Notice to Mariners to 

ensure the safety zones will result in 

minimum impact. The entities most 

likely to be affected are waterfront 

facilities, commercial vessels, and 

pleasure craft engaged in recreational 

activities. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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. 

This rule may affect the following 

entities, some of which may be small 

entities: Owners and operators of 

waterfront facilities, commercial 

vessels, and pleasure craft engaged in 

recreational activities and sightseeing, if 

these facilities or vessels are in the 

vicinity of the safety zone at times when 

this zone is being enforced. This rule 

will not have a significant economic 

impact on a substantial number of small 

entities for the following reasons: (i) 

This rule will encompass only a small 

portion of the waterway for a limited 

period of time, and (ii) the maritime 

public will be advised in advance of 

these safety zones via Broadcast Notice 

to Mariners. 

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 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 safety 

zones of limited size and duration. It is 

categorically excluded from further 


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Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 31059 

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.T11–930 to read as 

follows: 

§ 165.T11–930 Safety Zone; San Francisco 

Fourth of July Fireworks Display, San 

Francisco Bay, San Francisco, CA. 

(a) Location. The following area are 

safety zones: All navigable waters of the 

San Francisco Bay within 100 feet of the 

fireworks barges during loading at Pier 

50, as well as transit and arrival near 

Aquatic Park in San Francisco, CA. 

From 9:00 a.m. until approximately 5:00 

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

until approximately 6:00 p.m. on July 4, 

2018, the fireworks barges will be 

loading at Pier 50 in San Francisco, CA. 

The safety zones will expand to all 

navigable waters around and under the 

firework barges within a radius of 700 

feet in approximate positions 37°48′49′′ 

N, 122°24′46′′ W and 37°48′45′′ N, 

122°25′39′′ W (NAD 83), 30 minutes 

prior to the start of the 30 minute 

fireworks display, scheduled to begin at 

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

(b) Enforcement period. The zones 

described in paragraph (a) of this 

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

on July 3, 2018 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 these zones 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 zones. 

(d) Regulations. (1) Under the general 

regulations in subpart C of this part, 

entry into, transiting or anchoring 

within these safety zones is prohibited 

unless authorized by the COTP or the 

COTP’s designated representative. 

(2) The safety zones are 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 zones 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 zones 

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 

zones 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. 2018–14259 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–2018–0624] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone—July 

Fireworks 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

certain safety zones located in federal 

regulations for recurring marine events. 

This action is necessary and intended 

for the safety of life and property on 

navigable waters during these events. 

During each enforcement period, no 

person or vessel may enter the 

respective safety zone without the 

permission of the Captain of the Port 

Buffalo. 

DATES: The regulations in 33 CFR 

165.939(a)(1) will be enforced from 8:45 

p.m. to 10:45 p.m. on July 4, 2018. The 

regulations in 33 CFR 165.939(a)(2) will 

be enforced from 9:30 p.m. to 10:30 p.m. 

on July 3, 2018. The regulation in 33 

CFR 165.939(a)(13) will be enforced 

from 10:00 p.m. to 10:30 p.m. on July 3, 

2018. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT Michael 

Collet, Chief of Waterways Management, 

U.S. Coast Guard Sector Buffalo; 

telephone 716–843–9322, email D09- 

SMB-SECBuffalo-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a Safety Zone; 

Annual Events in the Captain of the Port 

Buffalo Zone listed in 33 CFR 165.939 

for the following events: 

(1) Boldt Castle 4th of July Fireworks, 

Heart Island, NY; The safety zone listed 

in 33 CFR 165.939(a)(1) will be enforced 

from 8:45 p.m. to 10:45 p.m. on July 4, 

2018. 

(2) Clayton Chamber of Commerce 

Fireworks, Calumet Island, NY; The 

safety zone listed in 33 CFR 

165.939(a)(2) will be enforced from 9:30 

p.m. to 10:30 p.m. on July 3, 2018. 

(3) Tom Graves Memorial Fireworks; 

The safety zone listed in 33 CFR 

165.939(a)(13) will be enforced from 

10:00 p.m. to 10:30 p.m. on July 3, 2018. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within a safety 

zone during an enforcement period is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated representative. Those 

seeking permission to enter a safety 

zone may request permission from the 

Captain of Port Buffalo via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter a safety zone shall 

obey the directions of the Captain of the 

Port Buffalo or his designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 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 advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that a 

safety zone need not be enforced for the 

full duration stated in this notice he or 

she may use a Broadcast Notice to 


sradovich on DSK3GMQ082PROD with RULES