[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Rules and Regulations]
[Pages 67077-67079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28146]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-1089]
RIN 1625-AA00


Safety Zone; Sacramento New Year's Eve Fireworks Display, 
Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
in the navigable waters of the Sacramento River near River Walk Park 
and the Tower Bridge in Sacramento, CA in support of the Sacramento New 
Year's Eve Fireworks Display on December 31, 2018. These safety zones 
are necessary to protect personnel, vessels, and the marine environment 
from the dangers associated with pyrotechnics. Unauthorized persons or 
vessels are prohibited from entering into, transiting through, or 
remaining in the safety zones without permission of the Captain of the 
Port or a designated representative.

DATES: This rule is effective from 8:30 p.m. to 9:46 p.m. on December 
31, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-1089 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 Jennae Cotton, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-3585, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

APA Administrative Procedure Act
CFR Code of Federal Regulations
COTP Captain of the Port
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. Since the Coast Guard received notice of 
this event on December 10, 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 Sacramento New Year's Eve 
fireworks display on December 31, 2018, will be a safety concern for 
anyone within a 175-foot radius of the fireworks firing sites. This 
rule is needed to protect spectators, vessels, and other property from 
hazards associated with pyrotechnics.

IV. Discussion of the Rule

    This rule establishes three temporary safety zones from 8:30 p.m. 
to 9:46 p.m. on December 31, 2018. At 8:30 p.m. on December 31, 2018, 
30 minutes prior to the commencement of the 16 minute fireworks 
display, the safety zones for the Sacramento New Year's Eve Fireworks 
Display will encompass the navigable waters around the fireworks firing 
sites within a radius of 175 feet in approximate positions:
    Near River Walk Park at 38[deg]35'02'' N, 121[deg]30'30'' W,
    Near River Walk Park at 38[deg]34'54'' N, 121[deg]30'33'' W, and
    Near the Tower Bridge at 38[deg]34'50'' N, 121[deg]30'30'' W 
(NAD83).
    This portion of the Sacramento River is depicted on National 
Oceanic and Atmospheric Administration (NOAA) Chart 18662, available 
for free at http://www.charts.noaa.gov/OnLineViewer/18662.shtml. The 
safety zones will terminate at 9:46 p.m. on December 31, 2018.
    The effect of the temporary safety zones is to restrict navigation 
in the vicinity of the fireworks firing sites during the scheduled 
display. Except for persons or vessels authorized by the COTP or a 
designated representative, no person or vessel may enter or remain in 
the restricted areas. These regulations are needed to keep spectators 
and vessels away from the immediate vicinity of the fireworks firing 
sites to ensure the safety of participants, spectators, and transiting 
vessels.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the safety zones. 
Although this rule restricts access to the waters encompassed by the 
safety zones, the effect of this rule will not be significant because 
the local waterway users will be notified via public 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

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vessels, and pleasure craft engaged in recreational activities and 
sightseeing, if these facilities or vessels are in the vicinity of the 
safety zones at times when these zones are 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 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
safety zones of limited size and duration. It is categorically excluded 
from further 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.

E. 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.T11-965 to read as follows:


Sec.  165.T11-965  Safety zone; Sacramento New Year's Eve Fireworks 
Display, Sacramento River, Sacramento, CA.

    (a) Location. These temporary safety zones are established in the 
navigable waters of the Sacramento River within a radius of 175 feet of 
the fireworks firing sites, near River Walk Park and the Tower Bridge 
in Sacramento, CA, in approximate positions: Near River Walk Park at 
38[deg]35'02'' N, 121[deg]30'30'' W, Near River Walk Park at 
38[deg]34'54'' N, 121[deg]30'33'' W, and Near the Tower Bridge at 
38[deg]34'50'' N, 121[deg]30'30'' W (NAD83).
    (b) Enforcement period. The zones described in paragraph (a) of 
this section will be enforced from 8:30 p.m. until approximately 9:46 
p.m. on December 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 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 zones.
    (d) Regulations. (1) Under the general regulations in subpart C of 
this part, entering into, transiting through, or anchoring within these 
safety zones is prohibited unless authorized by the COTP or a 
designated representative.
    (2) The safety zones are closed to all vessel traffic, except as 
may be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
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 zones must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may

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request permission to enter the safety zones on VHF-23A or through the 
24-hour Command Center at telephone (415) 399-3547.

    Dated: December 19, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-28146 Filed 12-27-18; 8:45 am]
 BILLING CODE 9110-04-P