Safety Zone for Fireworks Display; Severn River, Sherwood Forest, MD, 25575-25577 [2018-11877]
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Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations
2018, the Coast Guard published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Safety Zone for Fireworks
Display; Severn River, Sherwood Forest,
MD’’ (83 FR 14384). There we stated
why we were issuing the NPRM, and
invited comments on our proposed
regulatory action related to this
fireworks display. During the comment
period that ended May 4, 2018, we
received 2 comments.
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.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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 will 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.
DATES: This rule is effective from 8:30
p.m. on July 3, 2018, through 10 p.m. on
July 6, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0157 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ronald Houck, Sector
Maryland-National Capital Region
Waterways Management Division, U.S.
Coast Guard; telephone 410–576–2674,
email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
sradovich on DSK3GMQ082PROD with RULES
II. Background Information and
Regulatory History
On January 16, 2018, the Sherwood
Forest Club, Inc. of Sherwood Forest,
MD, notified the Coast Guard that from
9:20 p.m. to 9:50 p.m. on July 3, 2018,
it will be conducting a fireworks display
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 response, on April 4,
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Baltimore (COTP)
has determined that potential hazards
associated with the fireworks to be used
in the July 3, 2018, display will be a
safety concern for anyone in the Severn
River near the fireworks discharge site.
The purpose of this rule is to ensure
safety of vessels and the navigable
waters in the safety zone before, during,
and after the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received two
comments on our NPRM published
April 4, 2018. Both comments provided
support of this rulemaking. There are no
substantive changes in the regulatory
text of this rule from the proposed rule
in the NPRM.
This rule establishes a safety zone that
will be enforced from 8:30 p.m. until
10:30 p.m. on July 3, 2018, and if
necessary due to inclement weather,
from 8:30 p.m. until 10:30 p.m. on July
6, 2018. The safety zone will 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, located at Sherwood Forest, MD. The
duration of the zone is intended to
ensure the safety of life on these
navigable waters before, during, and
after the scheduled 9:20 p.m. fireworks
display. While the zone is being
enforced, no vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative. To
request permission to transit the area,
the Captain of the Port MarylandNational 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,
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25575
State, or local agency vessel, by siren,
radio, flashing light, or other means, the
operator of a vessel must proceed as
directed. If permission is granted to
enter the safety zone, 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.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the 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 radio 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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
E:\FR\FM\04JNR1.SGM
04JNR1
25576
Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
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16:56 Jun 01, 2018
Jkt 244001
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting 2 hours that would prohibit
vessel movement within a portion of the
Severn River. It is 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 Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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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.
(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
E:\FR\FM\04JNR1.SGM
04JNR1
Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations
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: May 25, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email MST1 Ryan
Erpelding, Waterways Department,
Marine Safety Unit Toledo, Coast Guard;
telephone (419) 418–6037, email
Ryan.G.Erpelding@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
The Coast Guard is
establishing a temporary safety zone in
the Captain of the Port Detroit Zone on
the Maumee River in the vicinity of
Toledo, Ohio. This Zone is intended to
restrict vessels from portions of the
Maumee River for the Thunder over
Toledo Fireworks Display. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port
Detroit, or his designated representative.
This temporary safety zone is necessary
to protect spectators and vessels from
the hazards associated with fireworks
displays.
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule. The event
sponsor notified the Coast Guard with
insufficient time to accommodate the
comment period. Thus, delaying the
effective date of this rule to wait for the
comment period to run would be
impracticable and contrary to the public
interest because it would prevent the
Captain of the Port Detroit from keeping
the public safe from the hazards
associated with a maritime fireworks
displays.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Waiting for a 30-day effective
period to run is impracticable and
contrary to the public interest for the
reasons discussed in the preceding
paragraph.
This regulation is effective from
9 p.m. on July 4, 2018 until 10:30 p.m.
on July 5, 2018.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2018–0469. To view documents
mentioned in this preamble as being
available in the docket, go to https://
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Detroit (COTP) has
determined that potential hazards
associated with fireworks displays
starting after 9:45 p.m. on July 4, 2018
will be a safety concern for anyone
[FR Doc. 2018–11877 Filed 6–1–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0469]
RIN 1625–AA00
Safety Zone; Thunder Over Toledo
Fireworks, Maumee River, Toledo, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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SUMMARY:
DATES:
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25577
within an 800 foot radius of the launch
site. The likely combination of
recreational vessels, darkness
punctuated by bright flashes of light,
and fireworks debris falling into the
water presents risks of collisions which
could result in serious injuries or
fatalities. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone during the
fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone that
will be enforced from 9 p.m. until 10:30
p.m. on July 4, 2018 with a rain date of
July 5, 2018 from 9 p.m. until 10:30 p.m.
The safety zone will encompass all U.S.
navigable waters of the Maumee River
within an 800 foot radius of the
fireworks launch site located at position
41°38′44.5″ N, 083°31′50.6″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
The duration of the zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters during the fireworks display.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Detroit or his designated
representative. The Captain of the Port,
Sector Detroit or his designated
representative may be contacted via
VHF Channel 16.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 (‘‘Regulatory
Planning and Review’’) and 13563
(‘‘Improving Regulation and Regulatory
Review’’) 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
including potential economic,
environmental, public health and safety
effects, distributive impacts, and equity.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. Executive Order 13771
(‘‘Reducing Regulation and Controlling
Regulatory Costs’’), directs agencies to
reduce regulation and control regulatory
costs and provides that ‘‘for every one
new regulation issued, at least two prior
E:\FR\FM\04JNR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25575-25577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11877]
[[Page 25575]]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 will 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.
DATES: This rule is effective from 8:30 p.m. on July 3, 2018, through
10 p.m. on July 6, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0157 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, Sector Maryland-National Capital Region
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 16, 2018, the Sherwood Forest Club, Inc. of Sherwood
Forest, MD, notified the Coast Guard that from 9:20 p.m. to 9:50 p.m.
on July 3, 2018, it will be conducting a fireworks display 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 response, on April 4, 2018, the Coast Guard
published a notice of proposed rulemaking (NPRM) entitled ``Safety Zone
for Fireworks Display; Severn River, Sherwood Forest, MD'' (83 FR
14384). There we stated why we were issuing the NPRM, and invited
comments on our proposed regulatory action related to this fireworks
display. During the comment period that ended May 4, 2018, we received
2 comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Baltimore (COTP) has determined that
potential hazards associated with the fireworks to be used in the July
3, 2018, display will be a safety concern for anyone in the Severn
River near the fireworks discharge site. The purpose of this rule is to
ensure safety of vessels and the navigable waters in the safety zone
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two comments on our NPRM published
April 4, 2018. Both comments provided support of this rulemaking. There
are no substantive changes in the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone that will be enforced from 8:30
p.m. until 10:30 p.m. on July 3, 2018, and if necessary due to
inclement weather, from 8:30 p.m. until 10:30 p.m. on July 6, 2018. The
safety zone will 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, located at Sherwood Forest, MD. The
duration of the zone is intended to ensure the safety of life on these
navigable waters before, during, and after the scheduled 9:20 p.m.
fireworks display. While the zone is being enforced, no vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a 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 must proceed as directed. If
permission is granted to enter the safety zone, 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the 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 radio
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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant
[[Page 25576]]
economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting 2 hours that would prohibit vessel movement
within a portion of the Severn River. It is 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 Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0157 to read as follows:
Sec. 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.
(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
[[Page 25577]]
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: May 25, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-11877 Filed 6-1-18; 8:45 am]
BILLING CODE 9110-04-P
