[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Rules and Regulations]
[Pages 60318-60320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27381]


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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.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 
rulemaking prohibits 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 11 p.m. on December 31, 2017 through 
1 a.m. on January 1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 60319]]

available in the docket, go to http://www.regulations.gov, type USCG-
2017-0994 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. 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 August 29, 2017, 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. In response, on November 21, 2017, 
the Coast Guard published a notice of proposed rulemaking (NPRM) titled 
``Safety Zone; Spa Creek, Annapolis, MD'' (82 FR 55336). 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 November 28, 2017, 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 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 hazards associated with 
the fireworks to be used in this December 31, 2017 display will be a 
safety concern for anyone within 133 yards 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 
event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
November 21, 2017. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 11 p.m. on December 31, 
2017 through 1 a.m. on January 1, 2018. The safety zone will cover 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. The duration of the 
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 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 duration, 
time-of-year, and time-of-day of the safety zone. Although vessel 
traffic will 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 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.
    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

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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 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 lasting less than two hours that would 
prohibit entry within 133 yards of a fireworks barge. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; and 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 
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 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 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) 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: December 14, 2017.
Michael W. Batchelder,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2017-27381 Filed 12-19-17; 8:45 am]
 BILLING CODE 9110-04-P