Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations 31889 

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, which guides 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 

establishment of a safety zone on Lake 

Michigan near North Avenue Beach in 

Chicago, IL that will last between one 

and two hours and will prohibit entry 

into a designated area. 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.T09–0504 to read as 

follows: 

§ 165.T09–0504 Safety Zone; Lake 

Michigan, North Avenue Beach, Chicago, IL. 

(a) Location. All navigable waters of 

Lake Michigan near North Avenue 

Beach, bounded by a line drawn from 

the shore at 41°55.008 N, 087°37.564 W, 

then northeast to 41°55.068 N, 

087°37.480 W, then southeast to 

41°54.899 N, 087°37.151 W, then 

southwest back to the shore at 41°54.826 

N, 087°37.214 W. 

(b) Enforcement period. This 

regulation will be enforced from 5 p.m. 

through 6:15 p.m. on July 19, 2018; with 

a rain date of July 20, 2018 from 11:45 

a.m. through 12:50 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan or a 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or a designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port 

Lake Michigan to act on his or her 

behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 

Michigan or an on-scene representative 

to obtain permission to do so. The 

Captain of the Port Lake Michigan or an 

on-scene representative may be 

contacted via VHF Channel 16 or at 

(414) 747–7182. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Lake Michigan, or an onscene representative. 

Dated: June 18, 2018. 

Thomas J. Stuhlreyer, 

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

Port Lake Michigan. 

[FR Doc. 2018–14760 Filed 7–9–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0634] 

RIN 1625–AA00 

Safety Zone; Barge PFE–LB444, San 

Joaquin River, Blackslough Landing, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 


amozie on DSK3GDR082PROD with RULES
31890 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the San Joaquin 

River due to an unstable, partially 

submerged barge with hull number 

PFE–LB444. The temporary safety zone 

is needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by the barge 

and associated recovery efforts. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

San Francisco. 

DATES: This rule is effective without 

actual notice from July 10, 2018 until 

July 31, 2018. For the purposes of 

enforcement, actual notice will be used 

from the July 3, 2018 until July 10, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0634 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 Junior Grade Emily K. 

Rowan, U.S. Coast Guard Sector San 

Francisco; telephone 415–399–7443, 

email emily.k.rowan@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

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)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because of the 

emergent nature of the situation. Notice 

and comment procedures would be 

impracticable because immediate action 

is needed protect personnel, vessels, 

and the marine environment from 

potential hazards associated with the 

barge and associated recovery efforts. 

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. For the reasons stated above, 

delaying the effective date of the rule 

would be impracticable. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231; 50 

U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 

6.04–6, 160.5; Department of Homeland 

Security Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to establish safety zones. The Captain of 

the Port San Francisco (COTP) has 

determined that potential hazards 

associated with the barge and associated 

recovery efforts will be a safety concern 

for anyone within a 90-yard radius of 

the barge. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from July 3, 2018 through 

July 31, 2018. The safety zone will cover 

all navigable waters within 90 yards of 

the unstable barge and associated 

recovery efforts centered in approximate 

position 37° 59′41.88′′ N, 121° 25′8.88′′ 

W (NAD 83). The effect of the temporary 

safety zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

from potential hazards associated with 

the barge and associated recovery 

efforts. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

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 

pleasure craft engaged in recreational 

activities. 

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. 

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 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations 31891 

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 safety 

zone of limited size and duration. It is 

categorically excluded from further 

review under Categorical Exclusion 

L60(d) 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.T11–936 to read as 

follows: 

§ 165.T11–936 Safety Zone; Barge PFE– 

LB444, San Joaquin River, Blackslough 

Landing, CA. 

(a) Location. The following area is a 

safety zone: all navigable waters within 

90 yards of the unstable, partially 

submerged barge and associated 

recovery efforts centered in approximate 

position 37°59′ 41.88′′ N, 121°25′8.88′′ 

W (NAD 83). 

(b) Enforcement period. The zone 

described in paragraph (a) of this 

section will be enforced from July 3, 

2018 through July 31, 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 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 

zones on VHF–23A or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

Dated: July 3, 2018. 

Anthony J. Ceraolo, 

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

Port, San Francisco. 

[FR Doc. 2018–14739 Filed 7–9–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0630] 

RIN 1625–AA00 

Safety Zone; Hamburg Beach Blast 

Fireworks Display; Lake Erie, 

Hamburg, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 280-foot 

radius of the launch site located at 

Hamburg Beach, Hamburg, NY. This 

safety zone is intended to restrict 

vessels from portions of Lake Erie 


amozie on DSK3GDR082PROD with RULES