Safety Zone: City of Benicia Fourth of July Fireworks Display, Carquinez Straight, Benicia, CA, 31050-31052 [2018-14269]
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31050
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
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.
sradovich on DSK3GMQ082PROD with RULES
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 establishes a
temporary safety zone. 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
VerDate Sep<11>2014
16:05 Jul 02, 2018
Jkt 244001
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:
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. 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 Buffalo, or his on-scene
representative.
Dated: June 27, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2018–14325 Filed 7–2–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Coast Guard
1. The authority citation for part 165
continues to read as follows:
33 CFR Part 165
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.
RIN 1625–AA00
■
2. Add § 165.T09–0613 to read as
follows:
■
[Docket No. USCG–2018–0641]
Safety Zone: City of Benicia Fourth of
July Fireworks Display, Carquinez
Straight, Benicia, CA
Coast Guard, DHS.
Temporary final rule.
§ 165.T09–0613 Safety Zone; Canalside 4th
of July Celebration, Buffalo River, Buffalo,
NY.
AGENCY:
(a) Location. The safety zone will
encompass all waters of the Buffalo
River, Buffalo, NY starting at position
42°52′34.0″ N, 078°52′54.7″ W then East
to 42°52′36.3″ N, 078°52′48.6″ W then
South to 42°52′32.8″ N, 078°52′45.4″ W
then West to 42°52′30.0″ N, 078°52′51.9″
W then returning to the point of origin.
(b) Enforcement period. This
regulation will be enforced from 9:45
p.m. until 10:45 p.m. on July 4, 2018
with a rain date of July 5, 2018 from
9:45 p.m. until 10:45 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 Buffalo or his
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
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
SUMMARY:
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ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of San Francisco
Bay near Carquinez Strait in support of
the City of Benicia 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 9 a.m. through 10:30 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2018–0641. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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.
E:\FR\FM\03JYR1.SGM
03JYR1
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
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.
sradovich on DSK3GMQ082PROD with RULES
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 1,000-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 9:00 a.m. to 2:00 p.m.
on July 4, 2018, at Pier 50 in San
VerDate Sep<11>2014
16:05 Jul 02, 2018
Jkt 244001
Francisco, 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
Pier 50 until the start of the transit to
the display location. Towing of the
barge from Pier 50 to the display
location is scheduled to take place from
3:30 p.m. to 8:00 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 20-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 1,000 feet in approximate
position 38°02′49″ N, 122°10′02″ W
(NAD 83) for the City of Benicia 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
PO 00000
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Fmt 4700
Sfmt 4700
31051
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 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
E:\FR\FM\03JYR1.SGM
03JYR1
31052
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
sradovich on DSK3GMQ082PROD with RULES
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
VerDate Sep<11>2014
16:05 Jul 02, 2018
Jkt 244001
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone of limited size and duration. It is
categorically excluded from further
review under Categorical Exclusion
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T11–938 to read as
follows:
■
§ 165.T11–938 Safety Zone; City of Benicia
4th of July Fireworks Display, Carquinez
Strait, Benicia, CA.
(a) Location. The following area is a
safety zone: all navigable waters of San
Francisco Bay within 100 feet of the
fireworks barge during loading at Pier
50, as well as transit and arrival to
launching location in Carquinez Strait,
Benicia, CA. From 9:00 a.m. until
approximately 2:00 p.m. on July 4, 2018,
the fireworks barge will be loading at
Pier 50, San Francisco, CA. The safety
zone will expand to all navigable waters
around and under the firework barge
within a radius of 1,000 feet in
approximate positions 38°02′49″ N,
122°10′02″ W (NAD 83), 30 minutes
prior to the start of the 20-minute
fireworks display, scheduled to begin at
9:30 p.m. on July 4, 2018.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
(b) Enforcement period. The zone
described in paragraph (a) of this
section will be enforced from 9:00 a.m.
until approximately 10:30 p.m. on July
4, 2018. The Captain of the Port San
Francisco (COTP) will notify the
maritime community of periods during
which this zone will be enforced via
Broadcast Notice to Mariners in
accordance with § 165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in the enforcement
of the safety zone.
(d) Regulations. (1) Under the general
regulations in subpart C of this part,
entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the COTP or the
COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zone on VHF–23A or through the 24hour Command Center at telephone
(415) 399–3547.
Dated: June 27, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2018–14269 Filed 7–2–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0332]
RIN 1625–AA00
Safety Zone; Lower Tchefuncte River,
Madisonville, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of the
SUMMARY:
E:\FR\FM\03JYR1.SGM
03JYR1
Agencies
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31050-31052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14269]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-0641]
RIN 1625-AA00
Safety Zone: City of Benicia Fourth of July Fireworks Display,
Carquinez Straight, Benicia, 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 Carquinez Strait in support
of the City of Benicia 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 9 a.m. through
10:30 p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2018-0641. To view documents mentioned in this preamble as being
available in the docket, go to https://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.
[[Page 31051]]
Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at
[email protected].
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 1,000-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 9:00 a.m. to 2:00 p.m. on
July 4, 2018, at Pier 50 in San Francisco, 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 Pier 50 until the start of the
transit to the display location. Towing of the barge from Pier 50 to
the display location is scheduled to take place from 3:30 p.m. to 8:00
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 20-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 1,000 feet in approximate position
38[deg]02'49'' N, 122[deg]10'02'' W (NAD 83) for the City of Benicia
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 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
[[Page 31052]]
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
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.T11-938 to read as follows:
Sec. 165.T11-938 Safety Zone; City of Benicia 4th of July Fireworks
Display, Carquinez Strait, Benicia, CA.
(a) Location. The following area is a safety zone: all navigable
waters of San Francisco Bay within 100 feet of the fireworks barge
during loading at Pier 50, as well as transit and arrival to launching
location in Carquinez Strait, Benicia, CA. From 9:00 a.m. until
approximately 2:00 p.m. on July 4, 2018, the fireworks barge will be
loading at Pier 50, San Francisco, CA. The safety zone will expand to
all navigable waters around and under the firework barge within a
radius of 1,000 feet in approximate positions 38[deg]02'49'' N,
122[deg]10'02'' W (NAD 83), 30 minutes prior to the start of the 20-
minute fireworks display, scheduled to begin at 9:30 p.m. on July 4,
2018.
(b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from 9:00 a.m. until approximately 10:30 p.m.
on July 4, 2018. The Captain of the Port San Francisco (COTP) will
notify the maritime community of periods during which this zone will be
enforced via Broadcast Notice to Mariners in accordance with Sec.
165.7.
(c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
(d) Regulations. (1) Under the general regulations in subpart C of
this part, entry into, transiting or anchoring within this safety zone
is prohibited unless authorized by the COTP or the COTP's designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-23A or through
the 24-hour Command Center at telephone (415) 399-3547.
Dated: June 27, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-14269 Filed 7-2-18; 8:45 am]
BILLING CODE 9110-04-P