Safety Zones; July 4th Holiday Fireworks in the Coast Guard Captain of the Port Maryland-National Capital Region Zone, 24709-24712 [2019-11139]
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Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 / Rules and Regulations
been served on the customer or mailed
to the customer’s last known address on
or before the date on which the request
was made to the financial institution
together with the following notice
which shall state with reasonable
specificity the nature of the law
enforcement inquiry: ‘‘Records or
information concerning your
transactions held by the financial
institution named in the attached
request are being sought by the
Department of Defense [or the specific
DoD Component] in accordance with
the Right to Financial Privacy Act of
1978 for the following purpose:’’
(2)(i) Within ten days of service or
within fourteen days of mailing of a
subpoena, summons, or formal written
request, a customer may file a motion to
quash an administrative summons or
judicial subpoena, or an application to
enjoin a Government authority from
obtaining financial records pursuant to
a formal written request, with copies
served upon the Government authority.
A motion to quash a judicial subpoena
shall be filed in the court that issued the
subpoena. A motion to quash an
administrative summons or an
application to enjoin a Government
authority from obtaining records
pursuant to a formal written request
shall be filed in the appropriate United
States District Court. Such motion or
application shall contain an affidavit or
sworn statement stating:
(A) That the applicant is a customer
of the financial institution from which
financial records pertaining to said
customer have been sought; and
(B) The applicant’s reasons for
believing that the financial records
sought are not relevant to the legitimate
law enforcement inquiry stated by the
Government authority in its notice, or
that there has not been substantial
compliance within the provisions of the
Act.
(ii) Service shall be made upon a
Government authority by delivering or
mailing by registered or certified mail a
copy of the papers to the person, office,
or department specified in the notice
which the customer has received a
request.
(3) If a customer desires that such
records or information not be made
available, the customer must:
(i) Fill out the accompanying motion
paper and sworn statement or write one
of the customer’s own, stating that he or
she is the customer whose records are
being requested by the Government and
either giving the reasons the customer
believes that the records are not relevant
to the legitimate law enforcement
inquiry stated in this notice or any other
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legal basis for objecting to the release of
the records.
(ii) File the motion and statement by
mailing or delivering them to the clerk
at an appropriate United States District
Court.
(iii) Serve the Government authority
requesting the records by mailing or
delivering a copy of the motion and
statement to the Government authority.
(iv) Be prepared to go to court and
present the customer’s position in
further detail.
(v) The customer does not need to
have a lawyer, although he or she may
wish to employ a lawyer to represent
the customer and protect the customer’s
rights.
(4) If the customer does not follow the
procedures in paragraphs (e)(2) and (3)
of this section, upon the expiration of
ten days from the date of service or
fourteen days from the date of mailing
of the notice, the records or information
requested therein may be made
available. The records may be
transferred to other Government
authorities for legitimate law
enforcement inquiries, in which event
the customer will be notified after the
transfer.
(5) Also, the records or information
requested therein may be made
available if ten days have expired from
the date of service or fourteen days from
the date of mailing of the notice and
within such time period the customer
has not filed a sworn statement and an
application to enjoin the Government
authority in an appropriate court, or the
customer challenge provisions.
§ 275.4
Formal written request.
(a) The formal written request must be
in the form of a letter or memorandum
to an appropriate official of the financial
institution from which financial records
are requested. The request shall be
signed by the issuing official, and shall
set forth that official’s name, title,
business address, and business phone
number. The request shall also contain
the following:
(1) The identity of the customer or
customers to whom the records pertain;
(2) A reasonable description of the
records sought; and
(3) Such additional information
which may be appropriate—e.g., the
date when the opportunity for the
customer to challenge the formal written
request expires, the date on which the
DoD Component expects to present a
certificate of compliance with the
applicable provisions of the Act, the
name and title of the individual (if
known) to whom disclosure is to be
made.
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24709
(b) In cases where customer notice is
delayed by court order, a copy of the
court order must be attached to the
formal written request.
§ 275.5
Certification.
Before obtaining the requested records
pursuant to a formal written request
described in § 275.4, an official of a rank
designated by the head of the requesting
DoD Component shall certify in writing
to the financial institution that the DoD
Component has complied with the
applicable provisions of the Act.
§ 275.6
Cost reimbursement.
Cost reimbursement to financial
institutions for providing financial
records will be made consistent with 12
CFR part 219, subpart A.
Dated: May 22, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2019–11013 Filed 5–28–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0193]
RIN 1625–AA00
Safety Zones; July 4th Holiday
Fireworks in the Coast Guard Captain
of the Port Maryland-National Capital
Region Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing three temporary safety
zones for certain waters within the
Captain of the Port Maryland-National
Capital Region Zone. This action is
necessary to provide for the safety of life
on these navigable waters of the Severn
River at Sherwood Forest, MD, on July
3, 2019, (with alternate date of July 5,
2019), the Middle River in Baltimore
County, MD, on July 6, 2019, (with
alternate date of July 7, 2019), and the
Susquehanna River at Havre de Grace,
MD, on July 6, 2019, (with alternate date
of July 7, 2019), during fireworks
displays to commemorate the July 4th
holiday. This regulation prohibits
persons and vessels from being in the
safety zones unless authorized by the
Captain of the Port Baltimore or a
designated representative.
SUMMARY:
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This rule is effective from 8:30
p.m. on July 3, 2019 through 10:30 p.m.
on July 7, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0193 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. Ron Houck, Sector MarylandNational Capital Region Waterways
Management Division, U.S. Coast
Guard; telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Sherwood Forest Club, Inc.,
notified the Coast Guard that from 9:20
to 9:50 p.m. on July 3, 2019, it will be
conducting a fireworks display
launched from the end of the Sherwood
Forest Club main pier, located adjacent
to the Severn River, in Sherwood Forest,
MD. In the event of inclement weather,
the fireworks display will be scheduled
for the same time on July 5, 2019.
The Marine Trades Association of
Baltimore County, Inc. notified the
Coast Guard that from 9:15 to 9:55 p.m.
on July 6, 2019, it will be conducting a
fireworks display launched from a
fireworks barge located in the Middle
River, approximately 300 yards
southeast of Wilson Point in Baltimore
County, MD. In the event of inclement
weather, the fireworks display will be
scheduled for the same time on July 7,
2019.
The City of Havre de Grace 2019
Independence Day Commission notified
the Coast Guard that from 9:15 to 9:45
p.m. on July 6, 2019, it will be
conducting a fireworks display
launched from a fireworks barge located
in the Susquehanna River,
approximately 300 yards southeast of
Concord Point in Havre de Grace, MD.
In the event of inclement weather, the
fireworks display will be scheduled for
the same time on July 7, 2019.
In response, on April 9, 2019, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Safety Zones; July 4th Holiday
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Fireworks in the Coast Guard Captain of
the Port Maryland-National Capital
Region Zone’’ (84 FR 14064). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to these three
fireworks displays. During the comment
period that ended May 9, 2019, we
received four comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that potential hazards
associated with the fireworks to be used
in these three fireworks displays will be
a safety concern for anyone within a
150-yard radius of the end of Sherwood
Forest Club main pier along the Severn
River, a 200-yard radius of the barge on
the Middle River, and a 200-yard radius
of the barge on the Susquehanna River.
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 events.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received four
comments on our NPRM published
April 9, 2019. The comments were in
support of the Coast Guard’s
rulemaking. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM as a result
of comments. However, there is a minor
change to coordinates to one of the
safety zones. The change is in paragraph
(a)(2), to the location of ‘‘Safety zone 2.’’
The proposed rule stated the
approximate position of the fireworks
barge as latitude 39°18′24″ N, longitude
076°24′29″ W. The approximate position
of the fireworks barge is actually
latitude 39°18′25″ N, longitude
076°2″27″ W. The difference between
the two locations is approximately 64
yards.
This rule establishes three safety
zones for certain waters within the
COTP Maryland-National Capital
Region Zone, as described in 33 CFR
3.25–15, which will be enforced during
the times described below for each zone.
The first safety zone will cover all
navigable waters within 150 yards of the
end of Sherwood Forest Club main pier
located along the Severn River in
Sherwood Forest, MD. A
‘‘FIREWORKS—DANGER—STAY
AWAY’’ sign will be posted on land
adjacent to the shoreline, near the
location. The duration of the zone is
intended to ensure the safety of vessels
and these navigable waters before,
during, and after the scheduled 9:20
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p.m. to 9:50 p.m. on July 3, 2019
fireworks display.
The second safety zone will cover all
navigable waters within 200 yards of a
barge in the Middle River located
approximately 300 yards southeast of
Wilson Point in Baltimore County, MD.
‘‘FIREWORKS—DANGER—STAY
AWAY’’ signs will be posted on the port
and starboard sides of the on-scene
barge. The duration of the zone is
intended to ensure the safety of vessels
and these navigable waters before,
during, and after the scheduled 9:15
p.m. to 9:55 p.m. on July 6, 2019
fireworks display.
The third safety zone will cover all
navigable waters within 200 yards of a
barge in the Susquehanna River located
approximately 300 yards southeast of
Concord Point in Havre de Grace, MD.
‘‘FIREWORKS—DANGER—STAY
AWAY’’ signs will be posted on the port
and starboard sides of the on-scene
barge. The duration of the zone is
intended to ensure the safety of vessels
and these navigable waters before,
during, and after the scheduled 9:15 to
9:45 p.m. on July 6, 2019 fireworks
display.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from the COTP or
a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, duration, and timeof-day of the safety zones, which would
impact small designated areas of the
Severn River, Middle River, and
Susquehanna River for a total of
approximately seven enforcement-
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hours, during the evening when vessel
traffic is normally low. Moreover, the
Coast Guard will issue Local Notices to
Mariners and a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (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).
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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 Environmental
Planning COMDTINST 5090.1 (series),
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 three
safety zones lasting seven hours that
will prohibit entry within portions of
the Severn River, Middle River, and
Susquehanna River. It is categorically
excluded from further review under
paragraph L60(a) in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1. A
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24711
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 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.T05–0193 to read as
follows:
■
§ 165.T05–0193 Safety Zones; July 4th
Holiday Fireworks in the Coast Guard
Captain of the Port Maryland-National
Capital Region Zone.
(a) Locations. The following areas are
a safety zone. All coordinates refer to
datum NAD 1983.
(1) Safety zone 1. 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.
(2) Safety zone 2. All navigable waters
of the Middle River, within 200 yards of
a fireworks barge in approximate
position latitude 39°18′25″ N, longitude
076°24′27″ W, located in Baltimore
County, MD.
(3) Safety zone 3. All navigable waters
of the Susquehanna River, within 200
yards of a fireworks barge in
approximate position latitude 39°32′19″
N, longitude 076°04′58.3″ W, located at
Havre de Grace, MD.
(b) Definitions. As used in this
section:
(1) Captain of the Port (COTP) means
the Commander, U.S. Coast Guard
Sector Maryland-National Capital
Region.
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(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 enforcing any safety zone
described in paragraph (a) of this
section.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
All vessels underway within this safety
zone at the time it is activated are to
depart the zone.
(2) To seek permission to enter,
contact the COTP or the COTP’s
designated representative by telephone
at 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).
(3) Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) 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.
(e) Enforcement. These safety zones
will be enforced during the periods
described in paragraph (f) of this
section. A ‘‘FIREWORKS—DANGER—
STAY AWAY’’ sign will be posted on
land adjacent to the shoreline, near the
location described in paragraph (a)(1) of
this section. A ‘‘FIREWORKS—
DANGER—STAY AWAY’’ sign will be
posted on the port and starboard sides
of the barge on-scene near the locations
described in paragraphs (a)(2) and (3) of
this section.
(f) Enforcement periods. (1) Paragraph
(a)(1) of this section will be enforced
from 8:30 p.m. to 10:30 p.m. on July 3,
2019. If necessary due to inclement
weather on July 3rd, it will be enforced
from 8:30 p.m. to 10:30 p.m. on July 5,
2019.
(2) Paragraph (a)(2) of this section will
be enforced from 8 p.m. to 10:30 p.m.
on July 6, 2019. If necessary due to
inclement weather on July 6th, it will be
enforced from 8 p.m. to 10:30 p.m. on
July 7, 2019.
(3) Paragraph (a)(3) of this section will
be enforced from 8 p.m. to 10:30 p.m.
on July 6, 2019. If necessary due to
inclement weather on July 6th, it will be
enforced from 8 p.m. to 10:30 p.m. on
July 7, 2019.
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Dated: May 23, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–11139 Filed 5–28–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0558; FRL–9993–79–
Region 6]
Air Plan Approval and Promulgation of
State Implementation Plan, Louisiana;
Attainment Demonstration for the St.
Bernard Parish 2010 SO2 Primary
National Ambient Air Quality Standard
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revision that
the State of Louisiana submitted to EPA
on November 9, 2017 with supplements
provided on February 8, 2018, August
24, 2018 and October 9, 2018. The
purpose of this revision is to provide for
attainment of the 1-hour sulfur dioxide
(SO2) primary national ambient air
quality standard (NAAQS) in the St.
Bernard Parish, Louisiana
Nonattainment Area. This plan (herein
called a ‘‘nonattainment plan’’) includes
Louisiana’s attainment demonstration
and other elements required under the
Clean Air Act (CAA). In addition to an
attainment demonstration, the
nonattainment plan addresses the
requirements for meeting reasonable
further progress (RFP) toward
attainment of the NAAQS,
implementation of reasonably available
control measures and reasonably
available control technology (RACM/
RACT), base-year and projection-year
emission inventories, enforceable
emissions limitations and control
measures, and contingency measures.
EPA concludes that Louisiana has
appropriately demonstrated that the
nonattainment plan provisions provide
for attainment of the 2010 1-hour
primary SO2 NAAQS in the St. Bernard
Parish, Louisiana Nonattainment Area
by the applicable attainment date and
that the nonattainment plan meets the
other applicable requirements under the
CAA. This action is being taken in
accordance with the CAA.
DATES: This rule is effective on June 28,
2019.
SUMMARY:
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EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2017–0558. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at www.regulations.gov or at
the U.S. Environmental Protection
Agency, EPA Region 6 Office, Air and
Radiation Division, Regional Haze and
SO2 Section, 1445 Ross Avenue, Dallas,
TX. EPA requests that if at all possible,
you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection.
FOR FURTHER INFORMATION CONTACT:
Robert Imhoff, EPA Region 6 Office,
Regional Haze and SO2 Section, 1445
Ross Avenue, (Mail code ARSI), Dallas,
TX 75202–2750, (214) 665–7262,
Imhoff.Robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
ADDRESSES:
Table of Contents
I. Background and Purpose
II. Summary of Major Issues Raised by
Commenters and Our Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On June 22, 2010, EPA promulgated a
new 1-hour primary SO2 NAAQS of 75
parts per billion (ppb), which is met at
an ambient air quality monitoring site
when the 3-year average of the annual
99th percentile of daily maximum 1hour average concentrations does not
exceed 75 ppb, as determined in
accordance with appendix T of 40 CFR
part 50. See 75 FR 35520, codified at 40
CFR 50.17(a)–(b). On August 5, 2013,
EPA designated a first set of 29 areas of
the country as nonattainment for the
2010 SO2 NAAQS, including the St.
Bernard Parish, Louisiana
Nonattainment Area within the State of
Louisiana. See 78 FR 47191, codified at
40 CFR part 81, subpart C. These ‘‘round
one’’ area designations were effective
October 4, 2013. Section 191(a) of the
CAA directs states to submit SIPs for
areas designated as nonattainment for
the SO2 NAAQS to EPA within 18
months of the effective date of the
designation, i.e., by no later than April
4, 2015 in this case. These SIPs are
E:\FR\FM\29MYR1.SGM
29MYR1
]]>Agencies
[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Rules and Regulations]
[Pages 24709-24712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11139]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0193]
RIN 1625-AA00
Safety Zones; July 4th Holiday Fireworks in the Coast Guard
Captain of the Port Maryland-National Capital Region Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing three temporary safety zones
for certain waters within the Captain of the Port Maryland-National
Capital Region Zone. This action is necessary to provide for the safety
of life on these navigable waters of the Severn River at Sherwood
Forest, MD, on July 3, 2019, (with alternate date of July 5, 2019), the
Middle River in Baltimore County, MD, on July 6, 2019, (with alternate
date of July 7, 2019), and the Susquehanna River at Havre de Grace, MD,
on July 6, 2019, (with alternate date of July 7, 2019), during
fireworks displays to commemorate the July 4th holiday. This regulation
prohibits persons and vessels from being in the safety zones unless
authorized by the Captain of the Port Baltimore or a designated
representative.
[[Page 24710]]
DATES: This rule is effective from 8:30 p.m. on July 3, 2019 through
10:30 p.m. on July 7, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0193 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. 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 Information and Regulatory History
The Sherwood Forest Club, Inc., notified the Coast Guard that from
9:20 to 9:50 p.m. on July 3, 2019, it will be conducting a fireworks
display launched from the end of the Sherwood Forest Club main pier,
located adjacent to the Severn River, in Sherwood Forest, MD. In the
event of inclement weather, the fireworks display will be scheduled for
the same time on July 5, 2019.
The Marine Trades Association of Baltimore County, Inc. notified
the Coast Guard that from 9:15 to 9:55 p.m. on July 6, 2019, it will be
conducting a fireworks display launched from a fireworks barge located
in the Middle River, approximately 300 yards southeast of Wilson Point
in Baltimore County, MD. In the event of inclement weather, the
fireworks display will be scheduled for the same time on July 7, 2019.
The City of Havre de Grace 2019 Independence Day Commission
notified the Coast Guard that from 9:15 to 9:45 p.m. on July 6, 2019,
it will be conducting a fireworks display launched from a fireworks
barge located in the Susquehanna River, approximately 300 yards
southeast of Concord Point in Havre de Grace, MD. In the event of
inclement weather, the fireworks display will be scheduled for the same
time on July 7, 2019.
In response, on April 9, 2019, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Safety Zones; July 4th Holiday
Fireworks in the Coast Guard Captain of the Port Maryland-National
Capital Region Zone'' (84 FR 14064). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
these three fireworks displays. During the comment period that ended
May 9, 2019, we received four comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with the fireworks to be used in these
three fireworks displays will be a safety concern for anyone within a
150-yard radius of the end of Sherwood Forest Club main pier along the
Severn River, a 200-yard radius of the barge on the Middle River, and a
200-yard radius of the barge on the Susquehanna River. 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 events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received four comments on our NPRM published
April 9, 2019. The comments were in support of the Coast Guard's
rulemaking. There are no changes in the regulatory text of this rule
from the proposed rule in the NPRM as a result of comments. However,
there is a minor change to coordinates to one of the safety zones. The
change is in paragraph (a)(2), to the location of ``Safety zone 2.''
The proposed rule stated the approximate position of the fireworks
barge as latitude 39[deg]18'24'' N, longitude 076[deg]24'29'' W. The
approximate position of the fireworks barge is actually latitude
39[deg]18'25'' N, longitude 076[deg]2''27'' W. The difference between
the two locations is approximately 64 yards.
This rule establishes three safety zones for certain waters within
the COTP Maryland-National Capital Region Zone, as described in 33 CFR
3.25-15, which will be enforced during the times described below for
each zone.
The first safety zone will cover all navigable waters within 150
yards of the end of Sherwood Forest Club main pier located along the
Severn River in Sherwood Forest, MD. A ``FIREWORKS--DANGER--STAY AWAY''
sign will be posted on land adjacent to the shoreline, near the
location. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 9:20 p.m. to 9:50 p.m. on July 3, 2019 fireworks display.
The second safety zone will cover all navigable waters within 200
yards of a barge in the Middle River located approximately 300 yards
southeast of Wilson Point in Baltimore County, MD. ``FIREWORKS--
DANGER--STAY AWAY'' signs will be posted on the port and starboard
sides of the on-scene barge. The duration of the zone is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the scheduled 9:15 p.m. to 9:55 p.m. on July 6, 2019
fireworks display.
The third safety zone will cover all navigable waters within 200
yards of a barge in the Susquehanna River located approximately 300
yards southeast of Concord Point in Havre de Grace, MD. ``FIREWORKS--
DANGER--STAY AWAY'' signs will be posted on the port and starboard
sides of the on-scene barge. The duration of the zone is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the scheduled 9:15 to 9:45 p.m. on July 6, 2019 fireworks
display.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
duration, and time-of-day of the safety zones, which would impact small
designated areas of the Severn River, Middle River, and Susquehanna
River for a total of approximately seven enforcement-
[[Page 24711]]
hours, during the evening when vessel traffic is normally low.
Moreover, the Coast Guard will issue Local Notices to Mariners and a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (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 Environmental Planning COMDTINST 5090.1 (series),
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 three safety zones lasting seven hours
that will prohibit entry within portions of the Severn River, Middle
River, and Susquehanna River. It is categorically excluded from further
review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. 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: 46 U.S.C. 70034, 70051; 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.T05-0193 to read as follows:
Sec. 165.T05-0193 Safety Zones; July 4th Holiday Fireworks in the
Coast Guard Captain of the Port Maryland-National Capital Region Zone.
(a) Locations. The following areas are a safety zone. All
coordinates refer to datum NAD 1983.
(1) Safety zone 1. 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.
(2) Safety zone 2. All navigable waters of the Middle River, within
200 yards of a fireworks barge in approximate position latitude
39[deg]18'25'' N, longitude 076[deg]24'27'' W, located in Baltimore
County, MD.
(3) Safety zone 3. All navigable waters of the Susquehanna River,
within 200 yards of a fireworks barge in approximate position latitude
39[deg]32'19'' N, longitude 076[deg]04'58.3'' W, located at Havre de
Grace, MD.
(b) Definitions. As used in this section:
(1) Captain of the Port (COTP) means the Commander, U.S. Coast
Guard Sector Maryland-National Capital Region.
[[Page 24712]]
(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 enforcing any safety
zone described in paragraph (a) of this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
(2) To seek permission to enter, contact the COTP or the COTP's
designated representative by telephone at 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).
(3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) 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.
(e) Enforcement. These safety zones will be enforced during the
periods described in paragraph (f) of this section. A ``FIREWORKS--
DANGER--STAY AWAY'' sign will be posted on land adjacent to the
shoreline, near the location described in paragraph (a)(1) of this
section. A ``FIREWORKS--DANGER--STAY AWAY'' sign will be posted on the
port and starboard sides of the barge on-scene near the locations
described in paragraphs (a)(2) and (3) of this section.
(f) Enforcement periods. (1) Paragraph (a)(1) of this section will
be enforced from 8:30 p.m. to 10:30 p.m. on July 3, 2019. If necessary
due to inclement weather on July 3rd, it will be enforced from 8:30
p.m. to 10:30 p.m. on July 5, 2019.
(2) Paragraph (a)(2) of this section will be enforced from 8 p.m.
to 10:30 p.m. on July 6, 2019. If necessary due to inclement weather on
July 6th, it will be enforced from 8 p.m. to 10:30 p.m. on July 7,
2019.
(3) Paragraph (a)(3) of this section will be enforced from 8 p.m.
to 10:30 p.m. on July 6, 2019. If necessary due to inclement weather on
July 6th, it will be enforced from 8 p.m. to 10:30 p.m. on July 7,
2019.
Dated: May 23, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-11139 Filed 5-28-19; 8:45 am]
BILLING CODE 9110-04-P
