[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Proposed Rules]
[Pages 55336-55339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25125]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0994]
RIN 1625-AA00


Safety Zone; Spa Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

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ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of Spa Creek. This action is necessary to provide 
for the safety of life on navigable waters during a fireworks display 
in Anne Arundel County at Annapolis, MD, on December 31, 2017. This 
proposed rulemaking would 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. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 28, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0994 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed 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, Purpose, and Legal Basis

    The City of Annapolis, MD, notified the Coast Guard that it will be 
conducting an aerial fireworks display at 11:55 p.m. on December 31, 
2017. The fireworks display will be conducted by Pyrotecnico of New 
Castle, PA, and launched from a barge located in Spa Creek, in Anne 
Arundel County at Annapolis, MD. There is no rain date planned for this 
fireworks display. Hazards from fireworks displays include accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris. The Captain of the Port (COTP) has determined that 
these potential hazards would be a safety concern for anyone within 133 
yards of the fireworks discharge barge.
    This rule involves the City of Annapolis New Year's Eve fireworks 
display, an event that takes place in Annapolis, MD. A permanent safety 
zone for fireworks in Annapolis on December 31st is at 33 CFR 165.506. 
However, due to a change in size and location of the regulated area, 
the event this year is changed to approximately 700 yards west and its 
size is reduced to 133 yards. The proposed temporary safety zone will 
include all waters of Spa Creek within 133 yards of the fireworks barge 
in approximate position latitude 38[deg]58'33.01'' N., longitude 
076[deg]28'58.00'' W.; the event date remains unchanged.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within 133 yards of the barge before, during, 
and after the scheduled event. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 11 p.m. on 
December 31, 2017 through 1 a.m. on January 1, 2018. The safety zone 
would include all navigable waters of Spa Creek, within 133 yards of 
the fireworks barge in approximate position latitude 38[deg]58'33.01'' 
N., longitude 076[deg]28'58.00'' W., located at Annapolis, MD. The 
duration of the safety zone is intended to ensure the safety of vessels 
and these navigable waters before, during, and after the scheduled 
11:55 p.m. fireworks display. No vessel or person would be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 duration, 
time-of-year, and time-of-day of the safety zone. Although vessel 
traffic would not be able to safely transit around this safety zone, 
the impact would be for only 2 hours during the late evening when 
vessel traffic in Spa Creek is normally low. Moreover, the Coast Guard 
would 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 
proposed 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

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C. Collection of Information

    This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule involves a safety 
zone lasting less than 2 hours that would prohibit entry within 133 
yards of a fireworks barge. Normally such actions are categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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.T05-0994 to read as follows:


Sec.  165.T05-0994   Safety Zone; Spa Creek, Annapolis, MD.

    (a) Definitions. As used in this section:
    Captain of the Port 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 (b) of this section.
    (b) Location. The following area is a safety zone: All navigable 
waters of Spa Creek, within 133 yards of a fireworks barge in 
approximate position latitude 38[deg]58'33.01'' N., longitude 
076[deg]28'58.00'' W., located at Annapolis, MD. All coordinates refer 
to North American Datum 83 (NAD 1983).
    (c) Regulations. The general safety zone regulations found in 33 
CFR 165 subpart C apply to the safety zone created by this section.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Captain of the Port (COTP) or designated 
representative. All vessels underway within this safety zone at the 
time it is implemented are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone must 
first obtain authorization from the COTP or designated representative. 
To request permission to transit the area, the COTP and or designated 
representatives can be contacted at telephone number 410-576-2693 or on 
Marine Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard 
vessels enforcing this section can be contacted on Marine

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Band Radio VHF-FM channel 16 (156.8 MHz). If permission is granted, 
persons and vessels must comply with the instructions of the COTP 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 safety zone by Federal, State, and 
local agencies.
    (d) Enforcement period. This section will be enforced from 11 p.m. 
on December 31, 2017 through 1 a.m. on January 1, 2018.

    Dated: November 15, 2017.
L.P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2017-25125 Filed 11-20-17; 8:45 am]
 BILLING CODE 9110-04-P