31060 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 

Mariners to grant general permission to 

enter the respective safety zone. 

Dated: June 27, 2018. 

Joseph S. Dufresne, 

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

Port Buffalo. 

[FR Doc. 2018–14326 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–2018–0544] 

RIN 1625–AA00 

Safety Zone: City of Vallejo Fourth of 

July Fireworks Display, Mare Island 

Strait, Vallejo, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of San Francisco 

Bay near Mare Island Strait in support 

of the City of Vallejo Fourth of July 

Fireworks Display on July 4, 2018. This 

safety zone is 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 zone without permission of 

the Captain of the Port or their 

designated representative. 

DATES: This rule is effective on July 4, 

2018, from 8 a.m. through 10:30 p.m. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2018–0544. 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 final details of this event 

on June 25, 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 barge 

and anyone within a 420-foot radius of 

the fireworks firing site. This rule is 

needed to protect spectators, vessels, 

and other property from hazards 

associated with pyrotechnics. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone 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 barge, scheduled to 

take place from 8:00 a.m. to 4:00 p.m. 

on July 4, 2018, at Mare Island 

Waterfront in Vallejo, CA, the safety 

zone will encompass the navigable 

waters around and under the fireworks 

barge within a radius of 100 feet. 

The fireworks barge will remain at 

Mare Island Waterfront until the start of 

the transit to the display location. 

Towing of the barge from Mare Island 

Waterfront to the display location is 

scheduled to take place from 8:50 p.m. 

to 9:00 p.m. on July 4, 2018, where it 

will remain until the conclusion of the 

fireworks displays. 

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

minutes prior to the commencement of 

the 18-minute fireworks display, the 

safety zone will increase in size and 

encompass the navigable waters around 

and under the fireworks barge within a 

radius of 420 feet in approximate 

position 38°06′03′′ N, 122°16′00′′ W 

(NAD 83) for the City of Vallejo Fourth 

of July Fireworks Display. The safety 

zone shall terminate at 10:30 p.m. on 

July 4, 2018. 

The effect of the temporary safety 

zone are to restrict navigation in the 

vicinity of the fireworks loading, transit, 

and firing site. 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 area. This regulation is 

needed to keep spectators and vessels 

away from the immediate vicinity of the 

fireworks firing site 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 zone. Although this rule restricts 

access to the waters encompassed by the 

safety zone, 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 zone will result in 

minimum impact. The entities most 

likely to be affected are waterfront 

facilities, commercial vessels, and 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 31061 

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 this 

safety zone 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 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.T11–931 to read as 

follows: 

§ 165.T11–931 Safety Zone; City of Vallejo 

4th of July Fireworks Display, Mare Island 

Strait, Vallejo, CA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Mare Island Strait within 100 feet of the 

fireworks barge during loading at Mare 

Island Waterfront, as well as transit and 

arrival to launching location in Mare 

Island Strait, Vallejo, CA. From 8:00 

a.m. until approximately 4:00 p.m. on 

July 4, 2018, the fireworks barge will be 

loading at Mare Island Waterfront, 

Vallejo, CA. The safety zone will 

expand to all navigable waters around 

and under the firework barge within a 

radius of 420 feet in approximate 

positions 38°06′03′′ N, 122°16′00′′ W 

(NAD 83), 30 minutes prior to the start 

of the 18-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 8:00 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 


sradovich on DSK3GMQ082PROD with RULES
31062 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 

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. 2018–14267 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–2018–0514] 

RIN 1625–AA00 

Safety Zone; Gulf Intracoastal 

Waterway, Lafitte, 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 Gulf 

Intracoastal Waterway in Lafitte, LA. 

The safety zone is necessary to protect 

persons, vessels, and the marine 

environment from potential hazards 

created by the Jean Lafitte Pirogue Race. 

Entry of persons or vessels into this 

zone is prohibited unless authorized by 

the Captain of the Port Sector New 

Orleans or a designated representative. 

DATES: This rule is effective from 11:30 

a.m. through 4 p.m. on July 21, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0514 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 

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 21, 

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 is contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with this boat 

race. 

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 boat race on 

July 21, 2018, will be a safety concern 

for anyone within a one-mile section of 

the Gulf Intracoastal Waterway. Possible 

hazards include risks of injury or death 

from near or actual contact among 

participant vessels and mariners 

traversing through the safety zone. This 

rule is necessary to protect persons, 

vessels, and the marine environment 

during the race. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 11:30 a.m. through 4 

p.m. on July 21, 2018. This zone will 

encompass all navigable waters of the 

Gulf Intracoastal Waterway between 

mile markers (MMs) 12 and 13 west of 

the Harvey Locks in Lafitte, LA. The 

duration of the zone is intended to 

protect persons, vessels, and the marine 

environment during the race and will 

include breaks and opportunity for 

vessels to transit through the regulated 

area. 

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. 

A designated representative may be a 

Patrol Commander (PATCOM). The 

PATCOM may be aboard either a Coast 

Guard or Coast Guard Auxiliary vessel. 

The PATCOM may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM’’. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state, or local law enforcement 

and sponsor provided vessels assigned 

or approved by the COTP or a 

designated representative to patrol the 

zone. All persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. 

Spectator vessels desiring to transit 

the zone may do so only with prior 

approval of the COTP or a designated 

representative and when so directed by 

that officer must be operated at a 

minimum safe navigation speed in a 


sradovich on DSK3GMQ082PROD with RULES