[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27116-27118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12285]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0357]
RIN 1625-AA00


Safety Zone; Potomac River, Newburg, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Potomac River. This action is necessary to 
provide for the safety of life on the navigable waters during a 
fireworks display in Charles County near Newburg, MD on June 17, 2017. 
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 June 17, 2017, until 10 
p.m. on June 24, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0357 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 about this 
rulemaking, 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
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 April 11, 2017, Gilligan's Pier of Newburg, MD, notified the 
Coast Guard that it will conduct a fireworks display starting at 9 p.m. 
on June 17, 2017. The fireworks display will be launched from a barge 
located on the Potomac River, in Charles County near Newburg, MD. In 
the event of inclement weather, the fireworks display will be 
rescheduled for June 24, 2017. On May 5, 2017 the Coast Guard published 
a notice of proposed rulemaking (NPRM) titled ``Safety Zone; Potomac 
River, Newburg, MD'' (82 FR 21153). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this fireworks display. During the comment period that ended June 5, 
2017, we received no comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the potential safety hazards 
associated with a fireworks display from a barge on navigable waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential

[[Page 27117]]

hazards associated with the launching of fireworks over navigable 
waters scheduled for June 17, 2017 will be a safety concern for anyone 
within 200 yards of the firework barge. The purpose of this rulemaking 
is to ensure the safety of vessels and the navigable waters within the 
safety zone before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, the Coast Guard received no comments on its NPRM 
published May 5, 2017. There are no changes in the regulatory text of 
this rule from the proposed rule published in the Federal Register.
    This rule establishes a safety zone from 8:30 p.m. through 10 p.m. 
on June 17, 2017, and if necessary due to inclement weather, from 8:30 
p.m. through 10 p.m. on June 24, 2017. The safety zone will cover the 
navigable waters of the Potomac River, within 200 yards radius of a 
fireworks barge in approximate position latitude 38[deg]23'45.2'' N., 
longitude 076[deg]59'31.8'' W., located near Newburg, MD. The duration 
of the safety zone is intended to ensure the safety of vessels and the 
navigable waters before, during, and after the scheduled twenty minute 
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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the rule has not been reviewed by the Office of Management 
and Budget.
    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 will 
impact a small designated area of the Potomac River for 1\1/2\ hours 
during the evening when vessel traffic 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 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 (Public Law 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone lasting 1-1/2 hours that 
will prohibit entry within 200 yards of a fireworks discharge barge. It 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A Record of 
Environmental Consideration (REC) supporting this

[[Page 27118]]

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.T05-0357 to read as follows:


Sec.  165.T05-0357  Safety Zone; Potomac River, Charles County, MD.

    (a) Definitions. As used in this section:
    Captain of the Port Maryland-National Capital Region means the 
Commander, U.S. Coast Guard Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to assist in enforcing the safety 
zone described in paragraph (a) of this section.
    (b) Location. The following area is a safety zone: all waters of 
the Potomac River, within 200 yards radius of a fireworks barge in 
approximate position latitude 38[deg]23'45.2'' N., longitude 
076[deg]59'31.8'' W., located near Newburg, MD. All coordinates refer 
to datum NAD 1983.
    (c) Regulations. The general safety zone regulations found in 
subpart C of this part 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 Sec.  165.23.
    (2) Entry into or remaining in this 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 enter or transit through the safety zone 
must first obtain authorization from the Captain of the Port Maryland-
National Capital Region or designated representative. To request 
permission to enter or transit the area, the Captain of the Port 
Maryland-National Capital Region or designated representatives can be 
contacted at telephone number 410-576-2693 or on Marine Band Radio VHF-
FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this 
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 
MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, 
State, or local agency vessel, by siren, radio, flashing light, or 
other means, the operator of a vessel shall proceed as directed. If 
permission is granted, 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.
    (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. through 10 p.m. on June 17, 2017, and if necessary due to 
inclement weather, from 8:30 p.m. through 10 p.m. on June 24, 2017.

    Dated: June 9, 2017.
L.P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2017-12285 Filed 6-13-17; 8:45 am]
 BILLING CODE 9110-04-P