[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Rules and Regulations]
[Pages 60318-60320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27381]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0994]
RIN 1625-AA00
Safety Zone; Spa Creek, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of Spa Creek. This action is necessary to provide for
the safety of life on navigable waters during a fireworks display in
Anne Arundel County at Annapolis, MD, on December 31, 2017. This
rulemaking prohibits persons and vessels from entering the safety zone
unless authorized by the Captain of the Port Maryland-National Capital
Region or a designated representative.
DATES: This rule is effective from 11 p.m. on December 31, 2017 through
1 a.m. on January 1, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 60319]]
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0994 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 Mr. Ronald Houck, Sector Maryland-National Capital Region
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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
On August 29, 2017, the City of Annapolis, MD, notified the Coast
Guard that it will be conducting an aerial fireworks display at 11:55
p.m. on December 31, 2017. The fireworks display will be conducted by
Pyrotecnico of New Castle, PA and launched from a barge located in Spa
Creek, in Anne Arundel County at Annapolis, MD. There is no rain date
planned for this fireworks display. In response, on November 21, 2017,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Safety Zone; Spa Creek, Annapolis, MD'' (82 FR 55336). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this fireworks display. During the comment
period that ended November 28, 2017, we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to respond to the potential safety hazards associated with a
fireworks display from a barge on navigable waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
the fireworks to be used in this December 31, 2017 display will be a
safety concern for anyone within 133 yards of the fireworks barge. The
purpose of this rule is to ensure safety of vessels and the navigable
waters in the safety zone before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
November 21, 2017. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone from 11 p.m. on December 31,
2017 through 1 a.m. on January 1, 2018. The safety zone will cover all
navigable waters of Spa Creek within 133 yards of a fireworks barge in
approximate position latitude 38[deg]58'33.01'' N, longitude
076[deg]28'58.00'' W, located at Annapolis, MD. The duration of the
zone is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled 11:55 p.m. fireworks
display. 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 duration,
time-of-year, and time-of-day of the safety zone. Although vessel
traffic will not be able to safely transit around this safety zone, the
impact would be for only 2 hours during the late evening when vessel
traffic in Spa Creek is normally low. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the zone.
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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
[[Page 60320]]
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.
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 and Commandant Instruction M16475.lD, 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 lasting less than two hours that would
prohibit entry within 133 yards of a fireworks barge. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. 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; and Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T05-0994 to read as follows:
Sec. 165.T05-0994 Safety Zone; Spa Creek, Annapolis, MD.
(a) Definitions. As used in this section:
Captain of the Port means the Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (b) of this section.
(b) Location. The following area is a safety zone: All navigable
waters of Spa Creek, within 133 yards of a fireworks barge in
approximate position latitude 38[deg]58'33.01'' N, longitude
076[deg]28'58.00'' W, located at Annapolis, MD. All coordinates refer
to North American Datum 83 (NAD 1983).
(c) Regulations. The general safety zone regulations found in
subpart C of this part apply to the safety zone created by this
section.
(1) All persons are required to comply with the general regulations
governing safety zones found in Sec. 165.23.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Captain of the Port (COTP) or designated
representative. All vessels underway within this safety zone at the
time it is implemented are to depart the zone.
(3) Persons desiring to transit the area of the safety zone must
first obtain authorization from the COTP or designated representative.
To request permission to transit the area, the COTP and or designated
representatives can be contacted at telephone number 410-576-2693 or on
Marine Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard
vessels enforcing this section can be contacted on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). If permission is granted, persons and
vessels must comply with the instructions of the COTP or designated
representative and proceed as directed while within the zone.
(4) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone by Federal, State, and local agencies.
(d) Enforcement period. This section will be enforced from 11 p.m.
on December 31, 2017 through 1 a.m. on January 1, 2018.
Dated: December 14, 2017.
Michael W. Batchelder,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2017-27381 Filed 12-19-17; 8:45 am]
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