Safety Zone for Fireworks Display; Severn River, Sherwood Forest, MD, 14384-14386 [2018-06851]
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14384
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules
U.S.C.
Dated: March 29, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2018–06845 Filed 4–3–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0157]
RIN 1625–AA00
Safety Zone for Fireworks Display;
Severn River, Sherwood Forest, 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 Severn River. This
action is necessary to provide for the
safety of life on the navigable waters of
the Severn River at Sherwood Forest,
MD, during a fireworks display on July
3, 2018 (with alternate date of July 6,
2018). This action 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 May 4, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0157 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. Ron
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:
amozie on DSK30RV082PROD with PROPOSALS
SUMMARY:
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
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United States Code
II. Background, Purpose, and Legal
Basis
On January 16, 2018, the Sherwood
Forest Club, Inc. of Sherwood Forest,
MD notified the Coast Guard that it will
be conducting a fireworks display from
9:20 p.m. to 9:50 p.m. on July 3, 2018,
to commemorate the July 4th Holiday.
Details of the proposed event were
provided to the Coast Guard on
February 15, 2018. The private
fireworks display is to be launched from
the end of the Sherwood Forest Club
main pier, located adjacent to the
Severn River, approximately 200 yards
east of Brewer Pond in Sherwood
Forest, MD. In the event of inclement
weather, the fireworks display will be
scheduled for July 6, 2018. Hazards
from fireworks displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The COTP
Maryland-National Capital Region has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone within 150 yards of
the fireworks discharge site.
The purpose of this rulemaking is to
ensure the safety of persons and vessels
on the navigable waters of the Severn
River within 150 yards of the fireworks
discharge site 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. to 10:30 p.m.
on July 3, 2018, and if necessary due to
inclement weather, from 8:30 p.m. to
10:30 p.m. on July 6, 2018. The safety
zone would cover all navigable waters
of the Severn River, within 150 yards of
a fireworks discharge site located at the
end of Sherwood Forest Club main pier
in approximate position latitude
39°01′54.0″ N, longitude 076°32′41.8″
W, Sherwood Forest, MD. The duration
of the zone is intended to ensure the
safety of persons and vessels on the
specified navigable waters before,
during, and after the scheduled 9:20
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.
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Fmt 4702
Sfmt 4702
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 size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone, which
would impact a small designated area of
the Severn River for 2 hours during the
evening when vessel traffic is normally
low. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine band channel 16 to provide
information about the safety 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.
E:\FR\FM\04APP1.SGM
04APP1
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules
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).
amozie on DSK30RV082PROD with PROPOSALS
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
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17:08 Apr 03, 2018
Jkt 244001
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, which guides
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 2 hours
that would prohibit vessel movement
within a portion of the Severn River.
Normally such actions are categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A 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://
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14385
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
website’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
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.T05–0157 to read as
follows:
■
§ 165.T05–0157 Safety Zone for Fireworks
Display; Severn River, Sherwood Forest,
MD.
(a) Location. The following area is a
safety zone: All waters of the Severn
River, within 150 yards of a fireworks
discharge site located at the end of
Sherwood Forest Club main pier in
approximate position latitude
39°01′54.0″ N, longitude 076°32′41.8″
W, located at Sherwood Forest, MD. All
coordinates refer to datum NAD 1983.
(b) Definitions. As used in this
section:
(1) Captain of the Port MarylandNational Capital Region means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
(2) 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 enforcement of the safety zone
described in paragraph (a) of this
section.
(c) Regulations. The general safety
zone regulations found in 33 CFR part
165, subpart C apply to the safety zone
created by this section.
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04APP1
14386
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules
(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
safety 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 shall 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 to enter the safety zone, all
persons and vessels shall 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 zone by
Federal, State, and local agencies.
(d) Enforcement period. This section
will be enforced from 8:30 p.m. to 10:30
p.m. on July 3, 2018, and if necessary
due to inclement weather, from 8:30
p.m. to 10:30 p.m. on July 6, 2018.
Dated: March 29, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2018–06851 Filed 4–3–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
amozie on DSK30RV082PROD with PROPOSALS
[EPA–R03–OAR–2017–0399; FRL–9976–42–
Region 3]
ACTION:
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Commonwealth of
Virginia’s state implementation plan
(SIP). The revision is in response to
EPA’s February 3, 2017 Findings of
Failure to Submit for various
requirements relating to the 2008 8-hour
ozone national ambient air quality
standards (NAAQS). This SIP revision is
specific to nonattainment new source
review (NNSR) requirements. EPA is
proposing to approve this revision in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: Written comments must be
received on or before May 4, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2017–0399 at https://
www.regulations.gov, or via email to
duke.gerallyn@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information 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. 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, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For 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:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Nonattainment New Source Review
Requirements for the 2008 8-Hour
Ozone Standard
Environmental Protection
Agency (EPA).
AGENCY:
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On May 11, 2017, the Virginia
Department of Environmental Quality
(DEQ) submitted on behalf of the
Commonwealth of Virginia a formal
revision, requesting EPA’s approval for
the SIP of its NNSR Certification for the
2008 Ozone NAAQS. The SIP revision
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Fmt 4702
Sfmt 4702
is in response to EPA’s final 2008 8hour ozone NAAQS Findings of Failure
to Submit for NNSR requirements. See
82 FR 9158 (February 3, 2017).
Specifically, Virginia is certifying that
its existing NNSR program, covering the
Washington, DC nonattainment area
(which includes Alexandria City,
Arlington County, Fairfax County,
Fairfax City, Falls Church City,
Loudoun County, Manassas City,
Manassas Park City, and Prince William
County in Virginia) (hereafter,
Washington, DC Nonattainment Area)
for the 2008 8-hour ozone NAAQS, is at
least as stringent as the requirements at
40 CFR 51.165, as amended by the final
rule titled ‘‘Implementation of the 2008
National Ambient Air Quality Standards
for Ozone: State Implementation Plan
Requirements’’ (SIP Requirements Rule),
for ozone and its precursors.1 2 See 80 FR
12264 (March 6, 2015).
A. 2008 8-Hour Ozone NAAQS
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR 50.15, the 2008 8hour ozone NAAQS is attained when
the three-year average of the annual
fourth-highest daily maximum 8-hour
average ambient air quality ozone
concentrations is less than or equal to
0.075 ppm.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS based on
the three most recent years of ambient
air quality data at the conclusion of the
designation process. The Washington,
DC Nonattainment Area was classified
as a marginal nonattainment area for the
2008 8-hour ozone NAAQS on May 21,
1 The SIP Requirements Rule addresses a range of
nonattainment area SIP requirements for the 2008
8-hour ozone NAAQS, including requirements
pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control
technology, reasonably available control measures,
major new source review, emission inventories, and
the timing of SIP submissions and of compliance
with emission control measures in the SIP. The rule
also revokes the 1997 ozone NAAQS and
establishes anti-backsliding requirements.
2 On February 16, 2018, the United States Court
of Appeals for the District of Columbia Circuit (D.C.
Cir. Court) issued an opinion on the EPA’s SIP
Requirements Rule. South Coast Air Quality Mgmt.
Dist. v. EPA, No. 15–1115, 2018 U.S. App. LEXIS
3636 (D.C. Cir. Feb. 16, 2018). The D.C. Cir. Court
found certain provisions from the 2008 Ozone SIP
Requirements Rule unreasonable including EPA’s
provision for a ‘‘redesignation substitute.’’ The D.C.
Cir. Court also vacated other provisions relating to
anti-backsliding in the 2008 Ozone SIP
Requirements Rule as the Court found them
unreasonable. Id. The D.C. Circuit found other parts
of the SIP Requirements Rule unrelated to antibacksliding and this action reasonable and denied
the petition for appeal on those. Id.
E:\FR\FM\04APP1.SGM
04APP1
Agencies
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Proposed Rules]
[Pages 14384-14386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06851]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0157]
RIN 1625-AA00
Safety Zone for Fireworks Display; Severn River, Sherwood Forest,
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 Severn River. This action is necessary to
provide for the safety of life on the navigable waters of the Severn
River at Sherwood Forest, MD, during a fireworks display on July 3,
2018 (with alternate date of July 6, 2018). This action 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 May 4, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0157 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. Ron 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, Purpose, and Legal Basis
On January 16, 2018, the Sherwood Forest Club, Inc. of Sherwood
Forest, MD notified the Coast Guard that it will be conducting a
fireworks display from 9:20 p.m. to 9:50 p.m. on July 3, 2018, to
commemorate the July 4th Holiday. Details of the proposed event were
provided to the Coast Guard on February 15, 2018. The private fireworks
display is to be launched from the end of the Sherwood Forest Club main
pier, located adjacent to the Severn River, approximately 200 yards
east of Brewer Pond in Sherwood Forest, MD. In the event of inclement
weather, the fireworks display will be scheduled for July 6, 2018.
Hazards from fireworks displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The COTP Maryland-National Capital Region has determined that
potential hazards associated with the fireworks to be used in this
display would be a safety concern for anyone within 150 yards of the
fireworks discharge site.
The purpose of this rulemaking is to ensure the safety of persons
and vessels on the navigable waters of the Severn River within 150
yards of the fireworks discharge site 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. to
10:30 p.m. on July 3, 2018, and if necessary due to inclement weather,
from 8:30 p.m. to 10:30 p.m. on July 6, 2018. The safety zone would
cover all navigable waters of the Severn River, within 150 yards of a
fireworks discharge site located at the end of Sherwood Forest Club
main pier in approximate position latitude 39[deg]01'54.0'' N,
longitude 076[deg]32'41.8'' W, Sherwood Forest, MD. The duration of the
zone is intended to ensure the safety of persons and vessels on the
specified navigable waters before, during, and after the scheduled 9:20
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 size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which would
impact a small designated area of the Severn River for 2 hours during
the evening when vessel traffic is normally low. The Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM marine band channel 16
to provide information about the safety 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.
[[Page 14385]]
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 Directive 023-01, which guides 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 2 hours that would prohibit vessel
movement within a portion of the Severn River. Normally such actions
are categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
01. A 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 website'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. [thinsp]165.T05-0157 to read as follows:
Sec. [thinsp]165.T05-0157 Safety Zone for Fireworks Display; Severn
River, Sherwood Forest, MD.
(a) Location. The following area is a safety zone: All waters of
the Severn River, within 150 yards of a fireworks discharge site
located at the end of Sherwood Forest Club main pier in approximate
position latitude 39[deg]01'54.0'' N, longitude 076[deg]32'41.8'' W,
located at Sherwood Forest, MD. All coordinates refer to datum NAD
1983.
(b) Definitions. As used in this section:
(1) Captain of the Port Maryland-National Capital Region means the
Commander, U.S. Coast Guard Sector Maryland-National Capital Region.
(2) 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 enforcement of the
safety zone described in paragraph (a) of this section.
(c) Regulations. The general safety zone regulations found in 33
CFR part 165, subpart C apply to the safety zone created by this
section.
[[Page 14386]]
(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 safety 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 shall
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 to
enter the safety zone, all persons and vessels shall 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 zone by Federal, State, and local
agencies.
(d) Enforcement period. This section will be enforced from 8:30
p.m. to 10:30 p.m. on July 3, 2018, and if necessary due to inclement
weather, from 8:30 p.m. to 10:30 p.m. on July 6, 2018.
Dated: March 29, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-06851 Filed 4-3-18; 8:45 am]
BILLING CODE 9110-04-P