[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29749-29751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13767]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0468]
RIN 1625-AA00


Safety Zone; Severn River, Sherwood Forest, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Severn River. This action is necessary to provide 
for the safety of life on the navigable waters of Sherwood Forest near 
Annapolis, MD, during a fireworks display on July 3, 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 p.m. on July 3, 2017, until 10:30 
p.m. on July 7, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0468 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 December 29, 2016, the Sherwood Forest Club, Inc. of Sherwood 
Forest, MD notified the Coast Guard that from 9:15 p.m. to 10 p.m. on 
July 3, 2017, it will be conducting a fireworks display launched from 
the end of the Sherwood Forest Club main pier located adjacent to the 
Severn River, approximately 200 yards east of Brewer Pond in Sherwood 
Forest, MD. In the event of inclement weather, the fireworks display 
will be scheduled for July 7, 2017. In response, on April 6, 2017, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
``Special Local Regulations and Safety Zones; Recurring Marine Events 
and Fireworks Displays Within the Fifth Coast Guard District'' (82 FR 
16746). 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 May 8, 2017, we received two 
comments. While the Coast Guard has made the determination to issue a 
temporary final rule concerning this year's fireworks display, USCG 
still plans to issue a final rule in the future to cover this recurring 
event in future years.
    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.

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 hazards associated with 
the fireworks to be used in this July 3, 2017 display will be a safety 
concern for anyone on the Severn River near the end of the Sherwood 
Forest Club main pier. The purpose of this rulemaking is to ensure the 
safety of vessels and the navigable waters in the safety zone before, 
during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published 
April 6, 2017. Both comments addressed issues not related to this 
rulemaking. Therefore, there are no changes in the regulatory text of 
this rule from the proposed rule in the NPRM based on the comments 
received.
    Details of the event were provided to the Coast Guard on May 15, 
2017, that allowed the COTP to reassess the potential hazards 
associated with the fireworks to be used in this July 3, 2017 display. 
The area of the safety zone at the fireworks discharge site located at 
end of the Sherwood Forest Club main pier, listed in the Table to 33 
CFR 165.506 under Coast Guard Sector Maryland-National Capital Region--
COTP Zone as No. (b.)27, is reduced from a 200 yards radius to a 150 
yards radius. As a result, there is one change in the regulatory text 
of this rule from the proposed rule in the NPRM. The safety zone will 
be reduced in size from 200 yards from the center point located at 
39[deg]01'54.0'' N., longitude 076[deg]32'41.8'' W. to a 150 yard 
radius.

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

[[Page 29750]]

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 Severn River for 2\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 
would not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
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 might affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this rule or any policy or action of the 
Coast Guard.

C. Collection of Information

    This rule would not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this 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 would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this 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 would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this 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 approximately 
2\1/2\ hours that will prohibit entry within 150 yards of a fireworks 
discharge site at the end of the Sherwood Forest pier. Normally such 
actions are 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 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. 19133 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of 
Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T05-0468 to read as follows:


Sec.  165.0468  Safety Zone; Severn River, Sherwood Forest, 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 Severn River, within a 150 yards radius of a fireworks discharge 
site located at the end of Sherwood Forest Club main pier in 
approximate position latitude 39[deg]01'54.0'' N., longitude 
076[deg]32'41.8'' W., Sherwood Forest, MD. 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.

[[Page 29751]]

    (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 safety zone is prohibited 
unless authorized by the Coast Guard Captain of the Port Maryland-
National Capital Region. All vessels underway within this safety zone 
at the time it is implemented shall depart the safety zone.
    (3) Persons desiring to transit the area of 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 regulated 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 to enter the safety zone, all persons and vessels 
must comply with the instructions of the Captain of the Port Maryland-
National Capital Region or designated representative and proceed as 
directed while in the zone.
    (4) 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.
    (d) Enforcement period. This section will be enforced from 8 p.m. 
through 10:30 p.m. on July 3, 2017, and if necessary due to inclement 
weather, from 8 p.m. through 10:30 p.m. on July 7, 2017.

    Dated: June 22, 2017.
M.W. Batchelder,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2017-13767 Filed 6-29-17; 8:45 am]
 BILLING CODE 9110-04-P