[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Proposed Rules]
[Pages 24051-24054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10900]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0293]
RIN 1625-AA00


Safety Zone for Fireworks Display; Middle River, Baltimore 
County, MD

AGENCY: Coast Guard, DHS.

[[Page 24052]]


ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of the Middle River. This action is necessary to 
provide for the safety of life on the navigable waters of the Middle 
River in Baltimore County, MD, during a fireworks display on June 30, 
2018 (with alternate date of July 1, 2018). This action 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 June 25, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0293 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. 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, Purpose, and Legal Basis

    On March 21, 2018, the Marine Trades Association of Baltimore 
County, Inc. of Baltimore, MD notified the Coast Guard that it will be 
conducting a fireworks display on June 30, 2018 at 9 p.m., to 
commemorate the July 4th Holiday. Details of the proposed event were 
provided to the Coast Guard on March 29, 2018. The private fireworks 
display is to be launched from a fireworks barge located in the Middle 
River, approximately 300 yards southeast of Wilson Point in Baltimore 
County, MD. In the event of inclement weather, the fireworks display 
will be scheduled for July 1, 2018. Hazards from fireworks displays 
include accidental discharge of fireworks, dangerous projectiles, and 
falling hot embers or other debris. The COTP Maryland-National Capital 
Region has determined that potential hazards associated with the 
fireworks to be used in this display would be a safety concern for 
anyone within 200 yards of the fireworks barge.
    The purpose of this rulemaking is to ensure the safety of persons 
and vessels on the navigable waters of the Middle River within 200 
yards of the fireworks 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 8 p.m. to 10:30 
p.m. on June 30, 2018, and if necessary due to inclement weather, from 
8 p.m. to 10:30 p.m. on July 1, 2018. The safety zone would cover all 
navigable waters of the Middle River, within 200 yards of a fireworks 
barge in approximate position latitude 39[deg]18'24'' N, longitude 
076[deg]24'29'' W, located in Baltimore County, MD. The duration of the 
zone is intended to ensure the safety of persons and vessels on the 
specified navigable waters before, during, and after the scheduled 9 
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 size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone, which would 
impact a small designated area of the Middle River for 2.5 hours during 
the evening when vessel traffic is normally low. The Coast Guard will 
issue a Broadcast Notice to Mariners via VHF-FM marine band channel 16 
to provide information about the safety 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.

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).

[[Page 24053]]

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 Directive 023-01, which guides 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 3 hours that would prohibit 
vessel movement within a portion of the Middle River. Normally such 
actions are categorically excluded from further review under paragraph 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. 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 website'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.  [thinsp]165.T05-0293 to read as follows:


Sec.  [thinsp]165.T05-0293   Safety Zone for Fireworks Display; Middle 
River, Baltimore County, MD.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Middle River, within 200 yards of a fireworks barge in 
approximate position latitude 39[deg]18'24'' N, longitude 
076[deg]24'29'' W, located in Baltimore County, MD. All coordinates 
refer to datum NAD 1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port Maryland-National Capital Region 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 enforcement of the 
safety zone described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 
subpart C of this part apply to the safety zone created by this 
section.
    (1) 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 are to depart the zone.
    (2) Persons desiring to transit the area of the safety zone must 
obtain authorization from the Captain of the Port Maryland-National 
Capital Region or designated representative. To request permission to 
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). 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 
Coast Guard vessel, or other Federal, State, or local agency vessel, by 
siren,

[[Page 24054]]

radio, flashing light, or other means, the operator of a vessel must 
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 within the zone.
    (4) Enforcement officials. The Coast Guard may be assisted in the 
patrol and enforcement of the zone by Federal, State, and local 
agencies.
    (d) Enforcement periods. This section will be enforced from 8 p.m. 
to 10:30 p.m. on June 30, 2018, and if necessary due to inclement 
weather, from 8 p.m. to 10:30 p.m. on July 1, 2018.

    Dated: May 2, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-10900 Filed 5-23-18; 8:45 am]
 BILLING CODE 9110-04-P