Safety Zone for Fireworks Displays; Upper Potomac River, Washington Channel, DC, 20593-20596 [2020-07094]
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Federal Register / Vol. 85, No. 72 / Tuesday, April 14, 2020 / Rules and Regulations
This action amends Class E airspace,
designated as a surface area, by adding
a small extension to the northeast of the
airport. The surface airspace extension
is designed to contain IFR aircraft
descending below 1,000 feet above the
surface. The amended surface area is
described as follows: That airspace
extending upward from the surface
within a 4.2-mile radius of the airport,
and 1 mile each side of the 047° bearing
from the airport, extending from the 4.2mile radius to 5.4 miles northeast of the
Bryce Canyon Airport.
Also, this action amends Class E
airspace by establishing an area,
designated as an extension to a surface
area, to the southwest of the airport.
This area is also designed to contain IFR
aircraft descending below 1,000 feet
above the surface and is described as
follows: That airspace extending
upward from the surface within 1 mile
each side of the 227° bearing from the
airport, extending from the 4.2-mile
radius to 7.8 miles southwest of the
Bryce Canyon Airport.
Additionally, this action amends
Class E airspace, extending upward
from 700 feet above the surface, by
reducing the area to the east and
southeast of the airport. This area is
designed to contain IFR arrivals
descending below 1,500 feet above the
surface and IFR departures until
reaching 1,200 feet above the surface.
This area is described as follows: That
airspace extending upward from 700
feet above the surface within 8 miles
north and 4.2 miles south of the 047°
bearing from the airport, extending from
the airport to 16 miles northeast of the
airport, and with 8 miles north and 4.2
miles south of the 227° bearing from the
airport, extending from the airport to 16
miles southwest of Bryce Canyon
Airport.
Further, this action removes Class E
airspace extending upward from 1,200
feet above the surface. This airspace is
wholly contained within the Denver en
route airspace and duplication is not
necessary.
Lastly, this action makes an
administrative update to the Class E
surface airspace’s legal descriptions.
The surface airspace should be in effect
full time. The following two sentences
do not accurately reflect the time of use
and are removed. ‘‘This Class E airspace
area is effective during specific dates
and times established in advance by a
Notice to Airmen. The effective date and
time will thereafter be continuously
published in the Airport/Facility
Directory.’’
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
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published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
Paragraph 6002 Class E Airspace Areas
Designated as a Surface Area.
*
*
*
*
*
ANM UT E2 Bryce Canyon, UT [Amended]
Bryce Canyon Airport, UT
(Lat. 37°42′23″ N, long. 112°08′45″W)
That airspace extending upward from the
surface within a 4.2-mile radius of the
airport, and 1 mile each side of the 047°
bearing from the airport, extending from the
4.2-mile radius to 5.4 miles northeast of
Bryce Canyon Airport.
Paragraph 6004 Class E Airspace Areas
Designated as an Extension to a Class D or
Class E Surface Area.
*
*
*
*
*
ANM UT E4 Bryce Canyon, UT [New]
Bryce Canyon Airport, UT
(Lat. 37°42′23″ N, long. 112°08′45″ W)
That airspace extending upward from the
surface within 1 mile each side of the 227°
bearing from the airport, extending from the
4.2-mile radius to 7.8 miles southwest of
Bryce Canyon Airport.
Paragraph 6005 Class E Airspace Areas
Extending Upward from 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ANM UT E5 Bryce Canyon, UT [Amended]
Bryce Canyon Airport, UT
(Lat. 37°42′23″ N, long. 112°08′45″ W)
That airspace extending upward from 700
feet above the surface within 8 miles north
and 4.2 miles south of the 047° bearing from
the airport, extending from the airport to 16
miles northeast of the airport, and within 8
miles north and 4.2 miles south of the 227°
bearing from the airport, extending from the
airport to 16 miles southwest of Bryce
Canyon Airport.
Issued in Seattle, Washington, on April 7,
2020.
Shawn M. Kozica
Group Manager, Western Service Center
Operations Support Group.
[FR Doc. 2020–07703 Filed 4–13–20; 8:45 am]
BILLING CODE 4910–13–P
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for 14 CFR
part 71 continues to read as follows:
33 CFR Part 165
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting
Points, dated August 8, 2019, and
effective September 15, 2019, is
amended as follows:
■
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20593
Coast Guard
[Docket Number USCG–2020–0061]
RIN 1625–AA00
Safety Zone for Fireworks Displays;
Upper Potomac River, Washington
Channel, DC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
SUMMARY:
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Federal Register / Vol. 85, No. 72 / Tuesday, April 14, 2020 / Rules and Regulations
certain waters of the Upper Potomac
River. This action is necessary to
provide for the safety of life on these
navigable waters of the Washington
Channel adjacent to The Wharf DC,
Washington, DC, for recurring fireworks
displays from April 4, 2020, through
December 31, 2020. This regulation
prohibits persons and vessels from
being in the safety zone unless
authorized by the Captain of the Port
Maryland-National Capital Region or a
designated representative.
DATES: This rule is effective without
actual notice from April 14, 2020
through December 31, 2020. For the
purposes of enforcement, actual notice
will be used from April 4, 2020, until
April 14, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0061 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:
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
On January 9, 2020, Pyrotecnico, Inc.,
of New Castle, PA, notified the Coast
Guard that it will be conducting seven
fireworks displays, sponsored by The
Wharf DC, from 7 p.m. to 11:59 p.m. for
various events from April 4, 2020,
through December 31, 2020. The
fireworks are to be launched from a
barge in the Washington Channel,
adjacent to The Wharf DC in
Washington, DC. The fireworks
company has provided dates for two of
the events, April 4, 2020, and December
5, 2020. However, the dates for the
remaining five events have not yet been
finalized.
On February 14, 2020, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety Zone
for Fireworks Displays; Upper Potomac
River, Washington Channel, DC’’ (85 FR
8507). There we stated why we issued
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the NPRM, and invited comments on
our proposed regulatory action related
to these fireworks displays. During the
comment period that ended March 16,
2020, we received no comments.
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. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the fireworks displays,
including the accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris.
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
Captain of the Port Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the fireworks to be used in these
displays will be a safety concern for
anyone within 200 feet of the fireworks
barge. 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 no
comments on our NPRM published
February 14, 2020. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a temporary
recurring safety zone in the Washington
Channel from April 4, 2020, through
December 31, 2020. The safety zone will
cover all navigable waters of the
Washington Channel within 200 feet of
the fireworks barge. It is anticipated that
the safety zone will be activated for
seven separate events during 2020. For
each event, the barge will be located
within an area bounded on the south by
latitude 38°52′30″ N, and bounded on
the north by the Francis Case (I–395)
Memorial Bridge, located at
Washington, DC. The safety zone will be
enforced from 7 p.m. until 11:59 p.m.
for each fireworks display scheduled
from April 4, 2020, through December
31, 2020. Prior to enforcement, the
COTP will provide notice by publishing
a Notice of Enforcement at least 2 days
in advance of the event in the Federal
Register, as well as issuing a Local
Notice to Mariners and Broadcast Notice
to Mariners at least 24 hours in advance.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
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after the scheduled 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 zone. It is
anticipated that the safety zone will be
activated for seven separate events
during 2020. Although vessel traffic will
not be able to safely transit around this
safety zone when being enforced, the
impact will be for 5 hours or less for
each of the 7 fireworks events (35 total
enforcement hours or fewer) during the
evening when vessel traffic in
Washington Channel is normally low.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard 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.
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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 call or email 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
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responsibilities between the Federal
Government and Indian tribes.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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, Rev. 1, associated
implementing instructions, 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 a safety
zone that will be in effect for the entire
year, however, when activated, it will
last less than 5 hours and prohibit entry
within a portion of the Washington
Channel. 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. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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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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.T05–0061 to read as
follows:
■
§ 165.T05–0061 Safety Zone for Fireworks
Displays; Upper Potomac River,
Washington Channel, Washington, DC.
(a) Location. The following area is a
safety zone: All navigable waters of the
Washington Channel within 200 feet of
the fireworks barge which will be
located within an area bounded on the
south by latitude 38°52′30″ N, and
bounded on the north by the southern
extent of the Francis Case (I–395)
Memorial Bridge, located at
Washington, DC. These coordinates are
based on datum NAD 1983.
(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.
(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 the 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
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. This safety zone will
be enforced April 4, 2020, through
December 31, 2020, from 7 p.m. to 11:59
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Federal Register / Vol. 85, No. 72 / Tuesday, April 14, 2020 / Rules and Regulations
p.m. each day that a barge with a
‘‘FIREWORKS—DANGER—STAY
AWAY’’ sign on the port and starboard
sides is on-scene or a ‘‘FIREWORKS—
DANGER—STAY AWAY’’ sign is
posted on land adjacent to the shoreline,
near the location described in paragraph
(a) of this section. The enforcement
times of this section are subject to
change, but the duration of each
enforcement of the zone is expected to
be 5 hours or less. Prior to enforcement,
the COTP will provide notice by
publishing a Notice of Enforcement at
least 2 days in advance of the event in
the Federal Register, as well as issuing
a Local Notice to Mariners and
Broadcast Notice to Mariners at least 24
hours in advance.
Dated: March 26, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2020–07094 Filed 4–13–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0648]
RIN 1625–AA11
Regulated Navigation Area; Savannah
River, GA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
an existing regulated navigation area
(RNA) on the Savannah River located
between Fort Jackson, GA and the
Savannah River Channel Entrance Sea
Buoy. This rule removes inapplicable
and/or outdated definitions, processes
and requirements in the RNA following
a change in capability, infrastructure
and layout of the Southern Liquefied
Natural Gas (LNG) facility on the
Savannah River.
DATES: This rule is effective May 14,
2020.
SUMMARY:
To view documents
mentioned in this preamble go to:
https://www.regulations.gov and enter
USCG–2018–0648 in the ‘‘SEARCH’’
feature. 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 LT Joseph Palmquist, Coast
Guard; telephone 912–652–4353 ext.
221, email joseph.b.palmquist@uscg.mil.
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ADDRESSES:
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Jkt 250001
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
RNA Regulated Navigation Area
DHS Department of Homeland Security
GT Gross Tons
LNG Liquefied Natural Gas
FR Federal Register
GA Georgia
FiFi Fire Fighting
NPRM Notice of proposed rulemaking
BNM Broadcast Notice to Mariners
§ Section
U.S.C. United States Code
OMB Office of Management and Budget
II. Background Information and
Regulatory History
A notice of proposed rulemaking
(NPRM) entitled ‘‘Revision for
Regulated Navigation Area; Savannah
GA’’ was published in the Federal
Register on June 13, 2019 (84 FR 25506).
The NPRM proposed to amend the
regulated navigation area (RNA) on the
Savannah River located between Fort
Jackson, GA (32°04.93 N, 081°02.19 W)
and the Savannah River Channel
Entrance Sea Buoy in 33 CFR 165.756.
The NPRM proposed to remove
inapplicable and/or outdated
definitions, processes and requirements
in the RNA following a change in
capability, infrastructure and layout of
the Southern Liquefied Natural Gas
(LNG) facility on the Savannah River.
The NPRM provided for a 60-day
comment period, which closed on
August 12, 2019. We received three
comments on the NPRM that are
addressed below.
III. Legal Authority and Need for the
Rule
The Coast Guard is issuing this rule
under the authority in 46 U.S.C. 70034.
Through the NPRM and commenting
period, the Coast Guard has determined
that the RNA needs to be amended to
remove inapplicable and/or outdated
definitions, processes, and requirements
due to changes in capability,
infrastructure, and layout of the
Southern LNG facility on the Savannah
River.
IV. Discussion of Comments and
Changes to the Rule
A. Discussion of Comments
The Coast Guard received three
comment submissions from the public
in response to the proposed rule. Two
of the comments proposed additional
amendments and/or changes. One
comment agreed to the Coast Guard’s
proposed amendments to the RNA. The
comments that proposed additional
amendments were from companies and/
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or parties directly involved or impacted
by the RNA, and the final comment
received was from a private citizen. All
three comments received are discussed
below.
The first comment agreed with the
proposed changes; however, it proposed
further sections of the existing RNA,
originally published on September 10,
2007, be amended. The commenter
proposed removal of three paragraphs
from the original RNA in § 165.756:
(d)(1)(iii)(D), (d)(3)(i), and (d)(3)(ii). This
recommendation is due to the
possibility of smaller vessels calling to
port at the Southern LNG Facility in the
future. The commenter’s first preference
is to remove these paragraphs, but in the
alternative, proposed to amend the three
paragraphs to apply only to LNG
Tankships with cargo capacity of over
120,000 m3. In alignment with the
purpose of this rule—to adapt the RNA
to the facility changes—the Coast Guard
agrees that stating which requirements
apply only to large LNG Tankships will
provide additional clarity to the
applicability of these requirements. This
final rule further amends existing
§ 165.756(d)(1)(iii)(D), (d)(3)(i), and
(d)(3)(ii) (redesignated by this rule as
§§ 165.756(d)(1)(iii)(D), (d)(2)(i), and
(d)(2)(ii), respectively) by adding a
statement that the requirements of those
paragraphs only apply to LNG
Tankerships with cargo capacity of over
120,000 m3.
The second commenter expressed
concern with removing paragraph (d)(5)
of § 165.756 as proposed in the NPRM
due to potential safety concerns. The
commenter stated that, ‘‘By removing
the Docking Pilot as a watch stander on
the bridge of an LNG Tankship, one of
the layers of safety is being eliminated.’’
While the Coast Guard agrees that
having a docking pilot onboard each
moored vessel could have a positive
impact on the emergency response to a
potential incident, this is not a standard
practice among other LNG facilities, nor
is this a requirement for other deep draft
vessels moored throughout the Port of
Savannah. In addition, it is a standard
practice for the vessel to maintain a
bridge watchstander while moored. No
LNG vessels moor outside of the slip at
Southern LNG at Elba Island due to the
changes in the facility layout. Therefore,
the passing arrangements and
communications this watchstander
facilitated are no longer necessary. For
these reasons, we believe the
requirement in paragraph (d)(5) to have
an additional watchstander on the
bridge, such as a docking pilot, is an
unnecessary burden and are removing
this requirement with this final rule.
LNG tankship vessels mooring in this
E:\FR\FM\14APR1.SGM
14APR1
]]>Agencies
[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Rules and Regulations]
[Pages 20593-20596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07094]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0061]
RIN 1625-AA00
Safety Zone for Fireworks Displays; Upper Potomac River,
Washington Channel, DC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
[[Page 20594]]
certain waters of the Upper Potomac River. This action is necessary to
provide for the safety of life on these navigable waters of the
Washington Channel adjacent to The Wharf DC, Washington, DC, for
recurring fireworks displays from April 4, 2020, through December 31,
2020. This regulation prohibits persons and vessels from being in the
safety zone unless authorized by the Captain of the Port Maryland-
National Capital Region or a designated representative.
DATES: This rule is effective without actual notice from April 14, 2020
through December 31, 2020. For the purposes of enforcement, actual
notice will be used from April 4, 2020, until April 14, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0061 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
On January 9, 2020, Pyrotecnico, Inc., of New Castle, PA, notified
the Coast Guard that it will be conducting seven fireworks displays,
sponsored by The Wharf DC, from 7 p.m. to 11:59 p.m. for various events
from April 4, 2020, through December 31, 2020. The fireworks are to be
launched from a barge in the Washington Channel, adjacent to The Wharf
DC in Washington, DC. The fireworks company has provided dates for two
of the events, April 4, 2020, and December 5, 2020. However, the dates
for the remaining five events have not yet been finalized.
On February 14, 2020, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Safety Zone for Fireworks Displays;
Upper Potomac River, Washington Channel, DC'' (85 FR 8507). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to these fireworks displays. During the
comment period that ended March 16, 2020, we received no comments.
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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the fireworks
displays, including the accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris.
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 Captain of the Port Maryland-
National Capital Region (COTP) has determined that potential hazards
associated with the fireworks to be used in these displays will be a
safety concern for anyone within 200 feet of the fireworks barge. 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 no comments on our NPRM published
February 14, 2020. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a temporary recurring safety zone in the
Washington Channel from April 4, 2020, through December 31, 2020. The
safety zone will cover all navigable waters of the Washington Channel
within 200 feet of the fireworks barge. It is anticipated that the
safety zone will be activated for seven separate events during 2020.
For each event, the barge will be located within an area bounded on the
south by latitude 38[deg]52'30'' N, and bounded on the north by the
Francis Case (I-395) Memorial Bridge, located at Washington, DC. The
safety zone will be enforced from 7 p.m. until 11:59 p.m. for each
fireworks display scheduled from April 4, 2020, through December 31,
2020. Prior to enforcement, the COTP will provide notice by publishing
a Notice of Enforcement at least 2 days in advance of the event in the
Federal Register, as well as issuing a Local Notice to Mariners and
Broadcast Notice to Mariners at least 24 hours in advance. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 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 zone. It is anticipated that
the safety zone will be activated for seven separate events during
2020. Although vessel traffic will not be able to safely transit around
this safety zone when being enforced, the impact will be for 5 hours or
less for each of the 7 fireworks events (35 total enforcement hours or
fewer) during the evening when vessel traffic in Washington Channel is
normally low. Moreover, the Coast Guard will issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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.
[[Page 20595]]
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
call or email 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.
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, Rev. 1, associated implementing instructions, 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 a
safety zone that will be in effect for the entire year, however, when
activated, it will last less than 5 hours and prohibit entry within a
portion of the Washington Channel. 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. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.T05-0061 to read as follows:
Sec. 165.T05-0061 Safety Zone for Fireworks Displays; Upper Potomac
River, Washington Channel, Washington, DC.
(a) Location. The following area is a safety zone: All navigable
waters of the Washington Channel within 200 feet of the fireworks barge
which will be located within an area bounded on the south by latitude
38[deg]52'30'' N, and bounded on the north by the southern extent of
the Francis Case (I-395) Memorial Bridge, located at Washington, DC.
These coordinates are based on datum NAD 1983.
(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.
(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 the 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
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. This safety zone will be enforced April 4, 2020,
through December 31, 2020, from 7 p.m. to 11:59
[[Page 20596]]
p.m. each day that a barge with a ``FIREWORKS--DANGER--STAY AWAY'' sign
on the port and starboard sides is on-scene or a ``FIREWORKS--DANGER--
STAY AWAY'' sign is posted on land adjacent to the shoreline, near the
location described in paragraph (a) of this section. The enforcement
times of this section are subject to change, but the duration of each
enforcement of the zone is expected to be 5 hours or less. Prior to
enforcement, the COTP will provide notice by publishing a Notice of
Enforcement at least 2 days in advance of the event in the Federal
Register, as well as issuing a Local Notice to Mariners and Broadcast
Notice to Mariners at least 24 hours in advance.
Dated: March 26, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-07094 Filed 4-13-20; 8:45 am]
BILLING CODE 9110-04-P
