Safety Zone; Spa Creek, Annapolis, MD, 55336-55339 [2017-25125]
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Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Proposed Rules
Conclusion
This notice of intent initiates a
temporary scheduling process and
provides the 30-day notice pursuant to
section 201(h) of the CSA, 21 U.S.C.
811(h), of DEA’s intent to issue a
temporary scheduling order. In
accordance with the provisions of
section 201(h) of the CSA, 21 U.S.C.
811(h), the Administrator considered
available data and information, herein
set forth the grounds for his
determination that it is necessary to
temporarily schedule cyclopropyl
fentanyl in Schedule I of the CSA, and
finds that placement of this synthetic
opioid into Schedule I of the CSA is
necessary in order to avoid an imminent
hazard to the public safety.
The temporary placement of
cyclopropyl fentanyl into Schedule I of
the CSA will take effect pursuant to a
temporary scheduling order, which will
not be issued before December 21, 2017.
Because the Administrator hereby finds
that it is necessary to temporarily place
cyclopropyl fentanyl into Schedule I to
avoid an imminent hazard to the public
safety, the temporary order scheduling
this substance will be effective on the
date that order is published in the
Federal Register, and will be in effect
for a period of two years, with a possible
extension of one additional year,
pending completion of the regular
(permanent) scheduling process. 21
U.S.C. 811(h)(1) and (2). It is the
intention of the Administrator to issue
a temporary scheduling order as soon as
possible after the expiration of 30 days
from the date of publication of this
notice. Upon publication of the
temporary order, cyclopropyl fentanyl
will be subject to the regulatory controls
and administrative, civil, and criminal
sanctions applicable to the manufacture,
distribution, reverse distribution,
importation, exportation, research,
conduct of instructional activities and
chemical analysis, and possession of a
Schedule I controlled substance.
The CSA sets forth specific criteria for
scheduling a drug or other substance.
Regular scheduling actions in
accordance with 21 U.S.C. 811(a) are
subject to formal rulemaking procedures
done ‘‘on the record after opportunity
for a hearing’’ conducted pursuant to
the provisions of 5 U.S.C. 556 and 557.
21 U.S.C. 811. The regular scheduling
process of formal rulemaking affords
interested parties with appropriate
process and the government with any
additional relevant information needed
to make a determination. Final
decisions that conclude the regular
scheduling process of formal
rulemaking are subject to judicial
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review. 21 U.S.C. 877. Temporary
scheduling orders are not subject to
judicial review. 21 U.S.C. 811(h)(6).
Regulatory Matters
Section 201(h) of the CSA, 21 U.S.C.
811(h), provides for a temporary
scheduling action where such action is
necessary to avoid an imminent hazard
to the public safety. As provided in this
subsection, the Attorney General may,
by order, schedule a substance in
Schedule I on a temporary basis. Such
an order may not be issued before the
expiration of 30 days from (1) the
publication of a notice in the Federal
Register of the intention to issue such
order and the grounds upon which such
order is to be issued, and (2) the date
that notice of the proposed temporary
scheduling order is transmitted to the
Assistant Secretary of HHS. 21 U.S.C.
811(h)(1).
Inasmuch as section 201(h) of the
CSA directs that temporary scheduling
actions be issued by order and sets forth
the procedures by which such orders are
to be issued, the DEA believes that the
notice and comment requirements of
section 553 of the Administrative
Procedure Act (APA), 5 U.S.C. 553, do
not apply to this notice of intent. In the
alternative, even assuming that this
notice of intent might be subject to
section 553 of the APA, the
Administrator finds that there is good
cause to forgo the notice and comment
requirements of section 553, as any
further delays in the process for
issuance of temporary scheduling orders
would be impracticable and contrary to
the public interest in view of the
manifest urgency to avoid an imminent
hazard to the public safety.
Although the DEA believes this notice
of intent to issue a temporary
scheduling order is not subject to the
notice and comment requirements of
section 553 of the APA, the DEA notes
that in accordance with 21 U.S.C.
811(h)(4), the Administrator will take
into consideration any comments
submitted by the Assistant Secretary in
response to the notice that DEA
transmitted to the Assistant Secretary
pursuant to section 811(h)(4).
Further, the DEA believes that this
temporary scheduling action is not a
‘‘rule’’ as defined by 5 U.S.C. 601(2),
and, accordingly, is not subject to the
requirements of the Regulatory
Flexibility Act (RFA). The requirements
for the preparation of an initial
regulatory flexibility analysis in 5 U.S.C.
603(a) are not applicable where, as here,
the DEA is not required by section 553
of the APA or any other law to publish
a general notice of proposed
rulemaking.
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Additionally, this action is not a
significant regulatory action as defined
by Executive Order 12866 (Regulatory
Planning and Review), section 3(f), and,
accordingly, this action has not been
reviewed by the Office of Management
and Budget.
This action will not have substantial
direct effects 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. Therefore, in
accordance with Executive Order 13132
(Federalism) it is determined that this
action does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, the DEA
proposes to amend 21 CFR part 1308 as
follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
956(b), unless otherwise noted.
2. In § 1308.11, add paragraph (h)(22)
to read as follows:
■
§ 1308.11
Schedule I
*
*
*
*
*
(h) * * *
(22) N-(1-phenethylpiperidin-4-yl)-Nphenylcyclopropanecarboxamide, its
isomers, esters, ethers, salts and salts of
isomers, esters and ethers (Other name:
cyclopropyl fentanyl) . . . (9845)
*
*
*
*
*
Dated: November 13, 2017.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2017–25077 Filed 11–20–17; 8:45 am]
BILLING CODE 4410–09–P
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:
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Coast Guard, DHS.
21NOP1
Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Proposed Rules
ACTION:
Notice of proposed rulemaking.
The Coast Guard proposes to
establish 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 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.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before November 28, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0994 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.
DATES:
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.
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
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II. Background, Purpose, and Legal
Basis
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.
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
these potential hazards would be a
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safety concern for anyone within 133
yards of the fireworks discharge barge.
This rule involves the City of
Annapolis New Year’s Eve fireworks
display, an event that takes place in
Annapolis, MD. A permanent safety
zone for fireworks in Annapolis on
December 31st is at 33 CFR 165.506.
However, due to a change in size and
location of the regulated area, the event
this year is changed to approximately
700 yards west and its size is reduced
to 133 yards. The proposed temporary
safety zone will include all waters of
Spa Creek within 133 yards of the
fireworks barge in approximate position
latitude 38°58′33.01″ N., longitude
076°28′58.00″ W.; the event date
remains unchanged.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within 133 yards of the
barge before, during, and after the
scheduled event. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1231.
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Order 12866. Accordingly, the NPRM
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 would 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 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
III. Discussion of Proposed Rule
businesses, not-for-profit organizations
that are independently owned and
The COTP proposes to establish a
operated and are not dominant in their
safety zone from 11 p.m. on December
fields, and governmental jurisdictions
31, 2017 through 1 a.m. on January 1,
2018. The safety zone would include all with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
navigable waters of Spa Creek, within
605(b) that this proposed rule would not
133 yards of the fireworks barge in
have a significant economic impact on
approximate position latitude
38°58′33.01″ N., longitude 076°28′58.00″ a substantial number of small entities.
W., located at Annapolis, MD. The
While some owners or operators of
duration of the safety zone is intended
vessels intending to transit the safety
to ensure the safety of vessels and these zone may be small entities, for the
navigable waters before, during, and
reasons stated in section IV.A above,
after the scheduled 11:55 p.m. fireworks this proposed rule would not have a
display. No vessel or person would be
significant economic impact on any
permitted to enter the safety zone
vessel owner or operator.
without obtaining permission from the
If you think that your business,
COTP or a designated representative.
organization, or governmental
The regulatory text we are proposing
jurisdiction qualifies as a small entity
appears at the end of this document.
and that this rule would have a
significant economic impact on it,
IV. Regulatory Analyses
please submit a comment (see
We developed this proposed rule after
ADDRESSES) explaining why you think it
considering numerous statutes and
qualifies and how and to what degree
Executive orders related to rulemaking.
this rule would economically affect it.
Below we summarize our analyses
Under section 213(a) of the Small
based on a number of these statutes and
Business Regulatory Enforcement
Executive orders and we discuss First
Fairness Act of 1996 (Pub. L. 104–121),
Amendment rights of protestors.
we want to assist small entities in
A. Regulatory Planning and Review
understanding this proposed rule. If the
Executive Orders 12866 and 13563
rule would affect your small business,
direct agencies to assess the costs and
organization, or governmental
benefits of available regulatory
jurisdiction and you have questions
alternatives and, if regulation is
concerning its provisions or options for
necessary, to select regulatory
compliance, please contact the person
approaches that maximize net benefits.
listed in the FOR FURTHER INFORMATION
Executive Order 13771 directs agencies
CONTACT section. The Coast Guard will
to control regulatory costs through a
not retaliate against small entities that
budgeting process. This NPRM has not
question or complain about this
been designated a ‘‘significant
proposed rule or any policy or action of
regulatory action,’’ under Executive
the Coast Guard.
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Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Proposed Rules
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.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
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
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
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involves a safety zone lasting less than
2 hours that would prohibit entry
within 133 yards of a fireworks barge.
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 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, visit https://
www.regulations.gov/privacyNotice.
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.
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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:
■
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.T05–0994 to read as
follows:
■
§ 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 MarylandNational 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°58′33.01″ N., longitude 076°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 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 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
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Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Proposed Rules
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) 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 11 p.m. on
December 31, 2017 through 1 a.m. on
January 1, 2018.
Dated: November 15, 2017.
L.P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2017–25125 Filed 11–20–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2016–0442; FRL–9971–03–
OAR]
RIN 2060–AS92
National Emission Standards for
Hazardous Air Pollutants From the
Portland Cement Manufacturing
Industry; Residual Risk and
Technology Review
I. Background
II. Purpose of the NODA
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of data
availability.
AGENCY:
The Environmental Protection
Agency (EPA) is issuing this notice of
data availability (NODA) in support of
the proposed rule titled ‘‘National
Emission Standards for Hazardous Air
Pollutants From the Portland Cement
Manufacturing Industry; Residual Risk
and Technology Review,’’ which was
published on September 21, 2017. In
this document, the EPA is soliciting
public comment on information added
to the docket (EPA–HQ–OAR–2016–
0442) on November 3, 2017.
DATES: Comments must be received on
or before December 4, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2016–0442, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
SUMMARY:
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you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mr.
Brian Storey, Sector Policies and
Programs Division (D243–04), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
1103; fax number: (919) 541–4991; and
email address: storey.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
information presented in this document
is organized as follows:
I. Background
On September 21, 2017, the EPA
proposed amendments to the National
Emission Standards for Hazardous Air
Pollutants From the Portland Cement
Manufacturing Industry to address the
results of the residual risk and
technology review (RTR) in accordance
with section 112 of the Clean Air Act
(CAA). The proposed rule indicated that
the EPA found risks due to emissions of
air toxics to be acceptable from this
source category, and identified no costeffective controls under the technology
review to achieve further emissions
reductions. In addition, the proposed
rule included amendments to correct
and clarify rule testing and monitoring
provisions. In support of the proposed
rule, the EPA posted over 160
documents to the docket to allow the
public to provide comment on the rule
and on documents used to develop the
rule, in accordance with section 307(d)
of the CAA. The subject matter of these
docketed items included various
correspondence with stakeholders,
summary of meeting minutes, and
technical memoranda related to the risk
assessment and technology review
process.
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II. Purpose of the NODA
On November 1, 2017, the EPA
became aware that two memoranda
prepared to support the September 21,
2017, proposed rule were inadvertently
omitted from the docket. The subject of
the two memoranda are ‘‘Development
of the RTR Risk Modeling Dataset for
the Portland Cement Manufacturing
Source Category,’’ and ‘‘Technology
Review for the Portland Cement
Production Source Category.’’
The purpose of the memorandum
with the subject title of ‘‘Development
of the RTR Risk Modeling Dataset for
the Portland Cement Manufacturing
Source Category’’ is to document the
technical approach and rationale used
to develop the risk modeling input data
used to perform the residual risk
assessment, pursuant to section 112(f) of
the CAA. It includes discussions of the
methods used to develop a list of
facilities subject to the source category;
the development of actual, acute, and
allowable emissions datasets; and
discussions of how stack parameter data
and stack locations were derived. The
memorandum was actually included in
the docket as Appendix 1 of the
document, ‘‘Residual Risk Assessment
for the Portland Cement Manufacturing
Source Category in Support of the
September 2017 Risk and Technology
Review Proposed Rule.’’ This document
was posted to the docket prior to
publication of the proposed rule as
Docket Item No. EPA–HQ–OAR–2016–
0442–0153. However, we also intended
to include this memorandum as a standalone document.
The purpose of the memorandum
with the subject title of ‘‘Technology
Review for the Portland Cement
Production Source Category’’ is to
provide a summary of the methods used
to determine what, if any, new
developments in practices, processes,
and control technologies exist for the
Portland Cement Manufacturing source
category to support our proposed
determination regarding whether
revisions to the rule are warranted
under section 112(d)(6) of the CAA. The
information provided by this
memorandum was summarized in the
preamble of the September 21, 2017,
proposed rule.
The EPA recognizes the importance of
these two documents, and posted both
documents to the docket on November
3, 2017. The docket item numbers are
EPA–HQ–OAR–2016–0442–0188 for
‘‘Development of the RTR Risk
Modeling Dataset for the Portland
Cement Manufacturing Source
Category’’ and EPA–HQ–OAR–2016–
0442–0189 for ‘‘Technology Review for
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]]>Agencies
[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Proposed Rules]
[Pages 55336-55339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25125]
=======================================================================
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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.
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ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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
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 November 28, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0994 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
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. 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
these potential hazards would be a safety concern for anyone within 133
yards of the fireworks discharge barge.
This rule involves the City of Annapolis New Year's Eve fireworks
display, an event that takes place in Annapolis, MD. A permanent safety
zone for fireworks in Annapolis on December 31st is at 33 CFR 165.506.
However, due to a change in size and location of the regulated area,
the event this year is changed to approximately 700 yards west and its
size is reduced to 133 yards. The proposed temporary safety zone will
include all waters of Spa Creek within 133 yards of the fireworks barge
in approximate position latitude 38[deg]58'33.01'' N., longitude
076[deg]28'58.00'' W.; the event date remains unchanged.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within 133 yards 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 11 p.m. on
December 31, 2017 through 1 a.m. on January 1, 2018. The safety zone
would include all navigable waters of Spa Creek, within 133 yards of
the 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 safety 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 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 13771 directs agencies to control
regulatory costs through a budgeting process. 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 (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 would 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
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 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.
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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 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 less than 2 hours that would prohibit entry within 133
yards of a fireworks barge. 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 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, visit https://www.regulations.gov/privacyNotice.
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; 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 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 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
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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) 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 11 p.m.
on December 31, 2017 through 1 a.m. on January 1, 2018.
Dated: November 15, 2017.
L.P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2017-25125 Filed 11-20-17; 8:45 am]
BILLING CODE 9110-04-P
