Safety Zone; Potomac River, Newburg, MD, 21153-21155 [2017-09160]
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Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Proposed Rules
(k) Optional Terminating Actions
(1) Accomplishing the preventative
modification, including doing high frequency
EC open-hole inspections for cracking in the
existing fastener holes, in accordance with
Part 3 of the Accomplishment Instructions of
Boeing Special Attention Service Bulletin
757–53–0097, Revision 3, dated December 2,
2016, except as required by paragraph (l)(2)
of this AD, terminates the inspections
required by paragraph (g)(1) of this AD,
provided the preventative modification is
done before further flight after accomplishing
an inspection required by paragraph (g)(1) of
this AD. If any cracking is found during any
high frequency EC open-hole inspection,
before further flight, repair using a method
approved in accordance with the procedures
specified in paragraph (n) of this AD.
(2) Replacing the crown skin panel
between station (STA) 297 and STA 439, and
stringers S–4L and S–4R, in accordance with
the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 757–53–
0097, Revision 3, dated December 2, 2016, or
using a method approved in accordance with
the procedures specified in paragraph (n) of
this AD, terminates the inspections required
by paragraphs (g)(1), (g)(2), and (g)(3) of this
AD.
(l) Exceptions to Service Information
Specifications and Preventative Modification
(1) Where Boeing Special Attention Service
Bulletin 757–53–0097, Revision 3, dated
December 2, 2016, specifies a compliance
time ‘‘after the Revision 2 date of this service
bulletin,’’ or ‘‘after the Revision 3 date of this
service bulletin,’’ this AD requires
compliance within the specified compliance
time after the effective date of this AD.
(2) Where Boeing Special Attention Service
Bulletin 757–53–0097, Revision 3, dated
December 2, 2016, specifies to contact Boeing
for repair instructions: Before further flight,
repair using a method approved in
accordance with the procedures specified in
paragraph (n) of this AD.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
(m) Credit for Previous Actions
This paragraph provides credit for Zone 1
inspections required by paragraph (g)(1) of
this AD, if those actions were performed
before the effective date of this AD using
Boeing Special Attention Service Bulletin
757–53–0097, dated November 22, 2010
(which was incorporated by reference in AD
2011–01–15); Boeing Special Attention
Service Bulletin 757–53–0097, Revision 1,
dated January 6, 2011; or Boeing Special
Attention Service Bulletin 757–53–0097,
Revision 2, dated July 28, 2015.
(n) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (o)(1) of this AD. Information may
VerDate Sep<11>2014
14:02 May 04, 2017
Jkt 241001
be emailed to: 9-ANM-LAACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
ACO, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) AMOCs approved for AD 2011–01–15
are approved as AMOCs for the
corresponding provisions of paragraph (g) of
this AD; except, as of the effective date of this
AD, AMOCs that extend the initial
compliance times specified in AD 2011–01–
15 are no longer approved for the compliance
time extension and the compliance times
required by this AD must be complied with.
(5) For service information that contains
steps that are labeled as Required for
Compliance (RC), the provisions of
paragraphs (n)(5)(i) and (n)(5)(ii) apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. An AMOC is required
for any deviations to RC steps, including
substeps and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
DEPARTMENT OF HOMELAND
SECURITY
MC 110–SK57, Seal Beach, CA 90740;
telephone 562–797–1717; Internet https://
www.myboeingfleet.com. You may view this
referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information
on the availability of this material at the
FAA, call 425–227–1221.
21153
I. Table of Abbreviations
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0357]
RIN 1625–AA00
Safety Zone; Potomac River, Newburg,
MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for
certain waters of the Potomac River.
This action is necessary to provide for
the safety of life on navigable waters
during a fireworks display in Charles
County near Newburg, MD, on June 17,
2017. This proposed rulemaking would
prohibit persons and vessels from
entering the safety zone unless
authorized by the Captain of the Port
Maryland-National Capital Region or a
designated representative. We invite
your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 5, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0357 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
(o) Related Information
comments.
(1) For more information about this AD,
FOR FURTHER INFORMATION CONTACT: If
contact Eric Schrieber, Aerospace Engineer,
you have questions about this proposed
Airframe Branch, ANM–120L, FAA, Los
rulemaking, call or email Mr. Ronald
Angeles ACO, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627– Houck, Sector Maryland-National
Capital Region Waterways Management
5348; fax: 562–627–5210; email:
Division, U.S. Coast Guard; telephone
Eric.Schrieber@faa.gov.
410–576–2674, email Ronald.L.Houck@
(2) For service information identified in
this AD, contact Boeing Commercial
uscg.mil.
Airplanes, Attention: Contractual & Data
SUPPLEMENTARY INFORMATION:
Services (C&DS), 2600 Westminster Blvd.,
Issued in Renton, Washington, on April 7,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–07938 Filed 5–4–17; 8:45 am]
BILLING CODE 4910–13–P
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SUMMARY:
CFR Code of Federal Regulations
COTP Captain of the Port
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
On April 11, 2017, Gilligan’s Pier of
Newburg, MD, notified the Coast Guard
that it will be conducting a shortduration aerial fireworks display at 9
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21154
Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Proposed Rules
p.m. on June 17, 2017. Details of the
proposed event were provided to the
Coast Guard on April 26, 2017. The
fireworks display will be conducted by
Innovative Pyrotechnic Concepts, LLC
and launched from a barge located in
the Potomac River, in Charles County
near Newburg, MD. In the event of
inclement weather, the fireworks
display will be scheduled for June 24,
2017. Hazards from fireworks displays
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
Captain of the Port (COTP) has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone within a 200-yard
radius of the fireworks discharge site.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within 200-yard radius
of the barge before, during, and after the
scheduled event. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone from 8:30 p.m. through 10
p.m. on June 17, 2017, and if necessary
due to inclement weather, from 8:30
p.m. through 10 p.m. on June 24, 2017.
The safety zone would include all
navigable waters of the Potomac River,
within 200 yards radius of the fireworks
barge in approximate position latitude
38°23′45.2″ N., longitude 076°59′31.8″
W., located near Newburg, MD. The
duration of the safety zone is intended
to ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 9 p.m. fireworks
display. No vessel or person would be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
IV. Regulatory Analyses
We developed this proposed 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 13563 emphasizes the
importance of quantifying both costs
VerDate Sep<11>2014
14:02 May 04, 2017
Jkt 241001
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This NPRM has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone which
would impact a small designated area of
the Potomac River for 21⁄2 hours during
the evening when vessel traffic is
normally low. Moreover, the Coast
Guard would 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 certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While the precise number of small
entities impacted is unknown, this
section of the Potomac normally has a
low number of vessels transiting the
area planned for the safety zone, during
the enforcement period. Although, some
owners or operators of vessels intending
to transit the safety zone may be small
entities, for the reasons stated in section
IV.A above this proposed rule would
not have a significant economic impact
on any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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
PO 00000
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CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed 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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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
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Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Proposed Rules
U.S.C. 4321–4370f), and have made a
preliminary determination 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 proposed rule
involves a safety zone lasting 21⁄2 hours
that would prohibit vessel movement
within a 200 yard radius of the
fireworks barge on the Potomac River.
Normally such actions are categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of
Commandant Instruction M16475.lD. A
preliminary Record of Environmental
Consideration (REC) supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
jstallworth on DSK7TPTVN1PROD with PROPOSALS
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
14:02 May 04, 2017
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 proposes to
amend 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:
■
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.
VerDate Sep<11>2014
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
Jkt 241001
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.
2. Add § 165.T05–0357 to read as
follows:
■
§ 165.0357 Safety Zone; Potomac River,
Charles County, 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 MarylandNational Capital Region to assist in
enforcing the safety zone described in
paragraph (a) of this section.
(b) Location. The following area is a
safety zone: All navigable waters of the
Potomac River, within 200 yards radius
of a fireworks barge in approximate
position latitude 38°23′45.2″ N.,
longitude 076°59′31.8″ W., located near
Newburg, MD. All coordinates refer to
datum NAD 1983.
(c) Regulations. The general safety
zone regulations found in 33 CFR 165
subpart C 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 33 CFR 165.23.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port
Maryland—National Capital Region. All
vessels underway within this safety
zone at the time it is implemented are
to depart the zone.
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21155
(3) Persons desiring to transit the area
of the safety zone must first obtain
authorization from the Captain of the
Port Maryland—National Capital Region
or designated representative. To request
permission to transit the area, the
Captain of the Port Maryland—National
Capital Region 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). Upon
being hailed by a U.S. Coast Guard
vessel, or other Federal, State, or local
agency vessel, by siren, radio, flashing
light, or other means, the operator of a
vessel shall proceed as directed. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port
Maryland—National Capital Region or
designated representative and proceed
as directed while within the zone.
(4) Enforcement officials. 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 8:30 p.m. through
10 p.m. on June 17, 2017, and if
necessary due to inclement weather,
from 8:30 p.m. through 10 p.m. on June
24, 2017.
Dated: May 1, 2017.
L.P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Maryland—National Capital Region.
[FR Doc. 2017–09160 Filed 5–4–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Parts 401, 403, and 404
[USCG–2016–0268]
RIN 1625–AC34
Great Lakes Pilotage Rates—2017
Annual Review
Coast Guard, DHS.
Notice of extension of comment
period on supplemental notice of
proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is adding an
additional 30 days to the comment
period on the supplemental notice of
proposed rulemaking for ‘‘Great Lakes
Pilotage Rates—2017 Annual Review’’
published in the Federal Register on
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Proposed Rules]
[Pages 21153-21155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09160]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0357]
RIN 1625-AA00
Safety Zone; Potomac River, Newburg, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain waters of the Potomac River. This action is necessary to
provide for the safety of life on navigable waters during a fireworks
display in Charles County near Newburg, MD, on June 17, 2017. This
proposed rulemaking would prohibit persons and vessels from entering
the safety zone unless authorized by the Captain of the Port Maryland-
National Capital Region or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 5, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0357 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ronald Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast
Guard; telephone 410-576-2674, email Ronald.L.Houck@uscg.mil.
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, Purpose, and Legal Basis
On April 11, 2017, Gilligan's Pier of Newburg, MD, notified the
Coast Guard that it will be conducting a short-duration aerial
fireworks display at 9
[[Page 21154]]
p.m. on June 17, 2017. Details of the proposed event were provided to
the Coast Guard on April 26, 2017. The fireworks display will be
conducted by Innovative Pyrotechnic Concepts, LLC and launched from a
barge located in the Potomac River, in Charles County near Newburg, MD.
In the event of inclement weather, the fireworks display will be
scheduled for June 24, 2017. Hazards from fireworks displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone within a 200-
yard radius of the fireworks discharge site. The purpose of this
rulemaking is to ensure the safety of vessels and the navigable waters
within 200-yard radius of the barge before, during, and after the
scheduled event. The Coast Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a safety zone from 8:30 p.m. through
10 p.m. on June 17, 2017, and if necessary due to inclement weather,
from 8:30 p.m. through 10 p.m. on June 24, 2017. The safety zone would
include all navigable waters of the Potomac River, within 200 yards
radius of the fireworks barge in approximate position latitude
38[deg]23'45.2'' N., longitude 076[deg]59'31.8'' W., located near
Newburg, MD. The duration of the safety zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 9 p.m. fireworks display. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Potomac River for 2\1/2\ hours
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While the precise number of small entities impacted is unknown,
this section of the Potomac normally has a low number of vessels
transiting the area planned for the safety zone, during the enforcement
period. Although, some owners or operators of vessels intending to
transit the safety zone may be small entities, for the reasons stated
in section IV.A above this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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
[[Page 21155]]
U.S.C. 4321-4370f), and have made a preliminary determination 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
proposed rule involves a safety zone lasting 2\1/2\ hours that would
prohibit vessel movement within a 200 yard radius of the fireworks
barge on the Potomac River. Normally such actions are categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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.T05-0357 to read as follows:
Sec. 165.0357 Safety Zone; Potomac River, Charles County, 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 (a) of this section.
(b) Location. The following area is a safety zone: All navigable
waters of the Potomac River, within 200 yards radius of a fireworks
barge in approximate position latitude 38[deg]23'45.2'' N., longitude
076[deg]59'31.8'' W., located near Newburg, MD. All coordinates refer
to datum NAD 1983.
(c) Regulations. The general safety zone regulations found in 33
CFR 165 subpart C 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 33 CFR 165.23.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Maryland--National
Capital Region. 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 Captain of the Port Maryland--
National Capital Region or designated representative. To request
permission to transit the area, the Captain of the Port Maryland--
National Capital Region 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). Upon being hailed by a U.S. Coast Guard vessel, or other Federal,
State, or local agency vessel, by siren, radio, flashing light, or
other means, the operator of a vessel shall proceed as directed. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port Maryland--National Capital
Region or designated representative and proceed as directed while
within the zone.
(4) Enforcement officials. 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 8:30
p.m. through 10 p.m. on June 17, 2017, and if necessary due to
inclement weather, from 8:30 p.m. through 10 p.m. on June 24, 2017.
Dated: May 1, 2017.
L.P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National
Capital Region.
[FR Doc. 2017-09160 Filed 5-4-17; 8:45 am]
BILLING CODE 9110-04-P