[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Rules and Regulations]
[Pages 67079-67081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28245]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1021]
RIN 1625-AA00


Safety Zone for Fireworks Display; 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 these navigable waters of Spa Creek at Annapolis, 
MD, for a fireworks display on December 31, 2018. This regulation 
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, 2018, 
through 1 a.m. on January 1, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1021 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 rule, 
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 Information and Regulatory History

    On October 17, 2018, Pyrotecnico, Inc., of New Castle, PA, notified 
the Coast Guard that it will be conducting a fireworks display from 
11:55 p.m. on December 31, 2018, to 12:30 a.m. on January 1, 2019, 
sponsored by the City of Annapolis, MD. The fireworks are to be 
launched from a barge in Spa Creek, in Annapolis, MD. Additional 
details were received on November 5, 2018. In response, on November 27, 
2018, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled ``Safety Zone for Fireworks Display; Spa Creek, Annapolis, MD'' 
(83 FR 60802). 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 December 12, 2018, we 
received seven 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 impracticable and contrary to the public interest 
because immediate action is needed to mitigate the potential safety 
hazards associated with a fireworks display in this location.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The

[[Page 67080]]

Captain of the Port (COTP) Maryland-NCR has determined that potential 
hazards associated with the planned fireworks display on December 31, 
2018, will be a safety concern for anyone within a 400-foot radius of 
the fireworks barge. This rule is needed to ensure safety of vessels on 
the navigable waters within 400 feet of the fireworks barge on Spa 
Creek before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 7 public submissions to the docket 
responding to our NPRM published November 27, 2018. We thank all of the 
commenters for taking time to review the NPRM and submit comments 
regarding this action.
    The majority of commenters expressed support for the rule, but 
there were some concerns. Below in this section we have presented our 
summaries of comments in italics, and have stated our responses after 
each summary.
    Winds during winter could carry burning embers and projectiles 
farther than the 400 feet distance established for the zone. The 400 
feet from the fireworks barge is an insufficient distance and the 
safety zone should be increased in size.
    The minimum safe distance from the fireworks barge used by the 
Coast Guard to determine the size of the safety zone is based on 
industry standards for outdoor aerial fireworks set by the National 
Fire Protection Association (NFPA). The NFPA standard for this 
fireworks display is 280 feet from the discharge site. At the request 
of the contracted fireworks company, Pyrotecnico, the Coast Guard is 
using 400 feet for the size of its safety zone, which is an increase of 
more than 40 percent above the safe distance set by the NFPA.
    Like people and property, the protection of wildlife should be 
considered and any fireworks that end up in the waterway should be 
recovered and disposed of following the display.
    After completing the required analysis for the rule, the Coast 
Guard has determined that this rulemaking will not have a significant 
effect on the human environment. In accordance with applicable 
environmental laws, this analysis is of the action being taken by the 
Coast Guard, the creation of the safety zone, not the underlying 
triggering event--the fireworks, which appear to be the commenter's 
source of concern with respect to wildlife. The Coast Guard agrees that 
considering the effects of fireworks on the environment is important; 
however, it is up to the event sponsor to determine the appropriate 
level of clean up for falling debris and the potential impact of the 
fireworks on wildlife.
    There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.
    This rule establishes a temporary safety zone from 11 p.m. on 
December 31, 2018, through 1 a.m. on January 1, 2019. The safety zone 
will cover all navigable waters within 400 feet of the fireworks barge 
in Spa Creek located within 400 feet of the fireworks barge in 
approximate position latitude 38[deg]58'32.48'' N, longitude 
076[deg]28'57.55'' 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 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 size, 
duration, and time-of-day of the safety zone. This zone covers the 
entire navigable channel. Although vessel traffic will not be able to 
safely transit around this safety zone, the impact will be for 2 hours 
during the evening when vessel traffic in Spa Creek is normally low. 
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 (Pub. L. 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

[[Page 67081]]

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 above.

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 2 hours that prohibits entry within a portion of 
Spa Creek. 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 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.T05-1021 to read as follows:


Sec.  165.T05-1021   Safety Zone for Fireworks Display; Spa Creek, 
Annapolis, MD.

    (a) Location. The following area is a safety zone: All navigable 
waters of Spa Creek within 400 feet of the fireworks barge in 
approximate position latitude 38[deg]58'32.48'' N, longitude 
076[deg]28'57.55'' W, located at Annapolis, MD. All coordinates refer 
to datum NAD 1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port (COTP) 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 enforcing the safety 
zone described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative. All vessels underway within this 
safety zone at the time it is activated are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's 
designated representative by telephone at 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).
    (3) Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) 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.
    (e) Enforcement period. This section will be enforced from 11 p.m. 
on December 31, 2018 through 1 a.m. on January 1, 2019.

    Dated: December 21, 2018,
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-28245 Filed 12-27-18; 8:45 am]
 BILLING CODE 9110-04-P