Safety Zone; Barge PFE-LB444, San Joaquin River, Blackslough Landing, CA, 16778-16780 [2018-08012]
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16778
Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations
§ 117.269
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.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32)(e), of the
Instruction.
A Record of Environmental
Consideration and a Memorandum for
the Record are not required for this rule.
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 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 117.261 by revising
paragraph (nn) to read as follows:
■
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
daltland on DSKBBV9HB2PROD with RULES
*
*
*
*
*
(nn) The Venetian Causeway Bridge
(West), mile 1088.6, at Miami. The draw
shall open on signal, except that from 7
a.m. to 7 p.m. daily, including Federal
holidays, the draw need only open on
the hour and half hour.
*
*
*
*
*
■
3. Revise § 117.269 to read as follows:
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Biscayne Bay.
I. Table of Abbreviations
The Venetian Causeway Bridge (East),
across Miami Beach Channel. The draw
shall open on signal, except that from 7
a.m. to 7 p.m. daily, including Federal
holidays, the draw need only open on
the hour and half hour.
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
Dated: February 8, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
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.
Delaying the effective date of this rule
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. A barge with hull number
PFE–LB444 broke free from its mooring
near Blackslough Landing and sank in
the navigable channel. This vessel has
since been temporarily secured to shore.
The barge remains in an unstable
condition and continues to shift in
orientation and aspect. A safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards associated with the
barge and associated recovery efforts.
[FR Doc. 2018–08011 Filed 4–16–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0205]
RIN 1625–AA00
Safety Zone; Barge PFE–LB444, San
Joaquin River, Blackslough Landing,
CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 April 17, 2018 until
April 30, 2018. For the purposes of
enforcement, actual notice will be used
from March 30, 2018 until April 17,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0205 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:
ADDRESSES:
PO 00000
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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 starting March 30, 2018,
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.
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Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from March 30, 2018
through April 30, 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.
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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
(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
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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
PO 00000
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16779
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
Management 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 safety
zones 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 will be prepared and
submitted after issuance or publication
in accordance with DHS Instruction
Manual 023–01–001–01, Rev. 01.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
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17APR1
16780
Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations
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:
(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 24hour Command Center at telephone
(415) 399–3547.
Dated: March 29, 2018
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2018–08012 Filed 4–16–18; 8:45 am]
BILLING CODE 9110–04–P
■
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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
2. Add § 165.T11–921 to read as
follows:
33 CFR Part 165
§ 165.T11–921 Safety Zone; Barge PFE–
LB444, San Joaquin River, Blackslough
Landing, CA.
RIN 1625–AA00
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■
[Docket Number USCG–2017–0159]
(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 March 30,
2018 through April 30, 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 33 CFR 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 33 CFR part 165, subpart
C, 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.
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Safety Zone; Recurring Marine Events,
Sector Key West, Florida
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing moving safety zones for
certain waters within the Sector Key
West Captain of the Port (COTP) Zone
for five annually recurring marine
events. This action is necessary to
provide for the safety of the
participants, participant vessels, and the
general public on the navigable waters
of the United States during these events.
When these safety zones are activated
and subject to enforcement, this rule
would prohibit persons and vessels,
other than those participating in the
event, from entering, transiting through,
anchoring in, or remaining within the
regulated area unless authorized by the
COTP Key West or a designated
representative.
SUMMARY:
DATES:
This rule is effective May 17,
2018.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0159 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 rulemaking,
ADDRESSES:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
call or email Lieutenant Scott Ledee,
Waterways Management Division Chief,
Sector Key West, FL, U.S. Coast Guard;
telephone (305) 292–8768, email
SKWWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
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, Purpose, and Legal
Basis
Swim events and marine events are
held on an annual recurring basis on the
navigable waters within the Sector Key
West COTP Zone. In the past, the Coast
Guard has established safety zones for
these annual recurring events on a case
by case basis to ensure the protection of
the maritime public and event
participants from the hazards associated
with these events. This rule will
consistently apprise the public in a
timely manner through permanent
publication in Title 33 of the Code of
Federal Regulations. The Table in this
rule lists each annual recurring event
requiring a regulated area as
administered by the Coast Guard.
By establishing a permanent
regulation containing these annual
recurring marine events, the Coast
Guard would eliminate the need to
establish temporary rules for events that
occur on an annual basis. On May 16,
2017, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Safety Zone; Recurring Marine
Events, Sector Key West, Florida, 82 FR
22448. There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to these recurring marine events. During
the comment period that ended June 15,
2017, we received no comments.
The legal basis and authorities for this
rule is found in 33 U.S.C. 1231.
III. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published May
16, 2017. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM. This rule
establishes five new annually recurring
marine events to 33 CFR 165.786, as
listed in the attached Table to § 165.786.
The Table provides the event name, the
sponsor name, the location of the event,
and the approximate date and time of
each event. The specific times, dates,
regulated areas and enforcement period
E:\FR\FM\17APR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Rules and Regulations]
[Pages 16778-16780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08012]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0205]
RIN 1625-AA00
Safety Zone; Barge PFE-LB444, San Joaquin River, Blackslough
Landing, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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 April 17, 2018
until April 30, 2018. For the purposes of enforcement, actual notice
will be used from March 30, 2018 until April 17, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0205 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
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. 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. Delaying the effective date of this rule 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. A barge with hull number PFE-LB444
broke free from its mooring near Blackslough Landing and sank in the
navigable channel. This vessel has since been temporarily secured to
shore. The barge remains in an unstable condition and continues to
shift in orientation and aspect. A safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
associated with the barge and associated recovery efforts.
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 starting
March 30, 2018, 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.
[[Page 16779]]
IV. Discussion of the Rule
This rule establishes a temporary safety zone from March 30, 2018
through April 30, 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[deg]59'41.88'' N, 121[deg]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 (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 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
Management 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 safety zones 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 will be prepared and
submitted after issuance or publication in accordance with DHS
Instruction Manual 023-01-001-01, Rev. 01.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
[[Page 16780]]
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
0
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
0
2. Add Sec. 165.T11-921 to read as follows:
Sec. 165.T11-921 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[deg]59'41.88'' N, 121[deg]25'8.88'' W (NAD 83).
(b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from March 30, 2018 through April 30, 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 33 CFR 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 33 CFR part
165, subpart C, 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: March 29, 2018
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-08012 Filed 4-16-18; 8:45 am]
BILLING CODE 9110-04-P
